LIJDLR

Maternity benefits

LAWS FOR PROTECTION OF RIGHTS OF WOMEN IN INDIA

Volume IV Issue I /

LAWS FOR PROTECTION OF RIGHTS OF WOMEN IN INDIA Syed Naiyla Hamdani, B.A. LLB., Vitasta school of law and humanities (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.21 “A woman with a voice is, by definition, a strong woman.” by Melinda Gates. The empowerment of women has become the magic of social justice and sustainable development. The Constitution and statutory law in India together provide women protection against discrimination, exploitation and violence as well as assure them equality of opportunity. This paper will study the importance of the empowerment of women and how the legal systems have enhanced the growth of gender equality. It emphasizes the important constitutional provisions and critically examines three major legislations the Protection of Women against Domestic Violence, the Protection of women against Domestic Violence Act, 2005; the Maternity Benefit Act,1961(as amended in 2017); and Sexual Harassment of women at workplace (prevention, prohibition and redressal) Act 2013. The interpretation of the courts in landmark decisions such as Vishaka v. State of Rajasthan, AIR 1997 SC 3011, which laid down guidelines against workplace sexual harassment, and Municipal Corporation of Delhi v. Female Workers (Muster Roll), (2000) 3 SCC 224, which extended maternity benefits to daily wage workers, along with Hiral P. Harsora v. Kusum Narottamdas Harsora, (2016) 10 SCC 165, reflects the evolving jurisprudence concerning women’s rights in India. The paper further places India initiatives on the international obligation platform, which consists of CEDAW, Beijing Declaration, and UN Sustainable Development Goals. Despite so much progress being achieved, implementation and awareness issues still remain the barrier to the full execution of gender justice. The paper sums up by affirming that there is a need to build legal consciousness, enforcement and social transformation to make women become dynamic tools of liberation and nation building.

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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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