LIJDLR

Gender equality

INCLUSION OF MOTHERHOOD: REASSESSING MATERNITY BENEFIT REGIME IN INDIA AND DUTY OF THE STATE

Volume III Issue II /

INCLUSION OF MOTHERHOOD: REASSESSING MATERNITY BENEFIT REGIME IN INDIA AND DUTY OF THE STATE Ritika, LLM, Amity Institute of Advanced Legal Studies, Amity University Noida Adv. Nitin Rawat, B.B.A LL.B, Law College Dehradun, MBA, Lovely Professional University, Punjab Download Manuscript doi.org/10.70183/lijdlr.2025.v03.51 This research critically examines the progressive framework of maternity benefit legislation in India, within a broader social, legal, and developmental context. While the experience of motherhood is inherently personal and biological, it carries substantial legal, economic, and social ramifications, particularly as an increasing number of women participate in the labor market across both formal and informal sectors. The research delineates the historical trajectory of labor rights for women, spanning from pre-constitutional milestones to post-independence reforms that are grounded in constitutional tenets such as equality, dignity, and social justice. The paper further highlights international standards, including those established by the International Labor Organization (ILO) and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), highlighting maternity protection as an essential element of gender-responsive social security. It investigates the multifaceted nature of maternity protection, encompassing maternity leave, healthcare, workplace safety, childcare assistance, and monetary benefits, and emphasizes the imperative for inclusive policies that acknowledge both productive and reproductive labor. Particular emphasis is placed on the Maternity Benefit Act and amendments made, as well as centrally sponsored initiatives like the Pradhan Mantri Matru Vandana Yojana (PMMVY), Janani Suraksha Yojana (JSY), and regional programs which seek to provide income security and enhance maternal health. The paper critiques the enduring challenges in implementation and advocates for a universal, inclusive, and enforceable maternity protection framework. One of the most important components of gender-sensitive social protection is maternity protection, which is essential in advancing workplace gender equality through laws and policies. Both national laws and international labor standards have gradually increased maternity protection in recognition of the connection between women’s employment and economic growth. Its two primary goals are to protect the health of expectant mothers and their unborn children and to provide women and their families with financial stability throughout pregnancy.

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EVOLVING DIMENSIONS OF PROPERTY DISTRIBUTION UNDER HINDU LAW: BALANCING TRADITIONAL NORMS, JUDICIAL INNOVATIONS, AND CONTEMPORARY CHALLENGES

Volume III Issue I /

EVOLVING DIMENSIONS OF PROPERTY DISTRIBUTION UNDER HINDU LAW: BALANCING TRADITIONAL NORMS, JUDICIAL INNOVATIONS, AND CONTEMPORARY CHALLENGES Ronak Singh, 10th Semester, B.A.LL.B Student at Amity Law School, Amity University, Uttar Pradesh Dr. Sheeba Khalid, Assistant Professor at Amity Law School, Amity University, Uttar Pradesh Download Manuscript doi.org/10.70183/lijdlr.2024.v03.26 This research paper examines the evolving dimensions of property distribution under Hindu law through the lens of traditional norms, judicial innovations, and contemporary challenges. The study traces the historical trajectory from ancient dharmasastric principles to modern statutory frameworks, highlighting the transformative impact of the Hindu Succession Act of 1956 and its subsequent amendments. It analyzes landmark judicial pronouncements that have expanded women’s property rights beyond explicit statutory language, particularly focusing on daughters’ coparcenary rights evolution culminating in the watershed judgment of Vineeta Sharma v. Rakesh Sharma. The research provides comparative insights from global jurisdictions, identifying convergent patterns toward gender equality despite distinct cultural contexts. Critical analysis of the existing legal framework reveals persistent gaps between statutory ideals and practical realities, including gendered succession anomalies, inadequate implementation mechanisms, and the absence of matrimonial property rights. The paper concludes by offering recommendations for reform, emphasizing the need for gender-neutral succession patterns, strengthened implementation mechanisms, recognition of matrimonial property rights, and explicit property protection for alternative family structures. This research contributes to the ongoing discourse on balancing tradition with constitutional equality principles in the dynamic field of Hindu property law. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume III, Issue I, Page 614-649. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

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GENDER INEQUALITY AS A HUMAN RIGHTS ISSUE: ROLE OF CUSTOMS AND BELIEFS IN OPPRESSION OF WOMEN

Volume II Issue II /

GENDER INEQUALITY AS A HUMAN RIGHTS ISSUE: ROLE OF CUSTOMS AND BELIEFS IN OPPRESSION OF WOMEN Adhila Fathima.I, Student of Chennai Dr. Ambedkar Government Law College. Download Manuscript ABSTRACT Human rights deal with various issues like trafficking, refugees’ crisis, labourers problems, genocide, war crimes, sexual crimes, lgbt rights and many more. However, the gender inequality problem has been one of the issues that has existed for a considerably long period. Even in this modern era, it is not accepted by the ‘whole’ world that gender equality is a human right. India faced various dimensions in gender justice. There are a lot of changes in the number of rights given without any gender biases provided before and now in India. Because when it comes to the context of India, it is said as one of the countries which was underdeveloped in the past for various reasons, however one of the causes was the setup of patriarchal society of India. In this article it is discussed about the status of gender equality in the past and the legal changes brought up. There is a role of customs, beliefs and practices for the unempowered situation of women of India. Culture and religion are treated as crucial institutions in Indian society. Thus, are any beliefs followed in the society being a cause of Gender inequality? If it is, then what are the practices that bring underdevelopment to women and what legal implications are there? These are the matters which are to be analysed in this article. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 194-207. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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