In a country renowned for its rapid economic growth and progressive social reforms, India’s maternity benefit laws stand as a testament to its commitment to gender equality and worker welfare. The Maternity Benefit (Amendment) Act of 2017, which extends paid maternity leave to 26 weeks and mandates provisions for crèche facilities, is a landmark in worker rights. Yet, a glaring disparity persists: the laws primarily benefit those in the formal sector, while millions of women working in the informal sector grapple with challenges that leave their well-being and economic stability precarious. The law also allows small businesses to forgo providing these benefits. Consequently, according to a report by IndiaSpend, 93.5% of women workers in the country are unable to access maternity benefits.
A Widening Gap
Despite the law’s ambitious reach, it excludes the vast informal sector and small firms. For women labouring in this sector, which includes domestic workers, agricultural labourers, street vendors, and small business owners, the promise of maternity benefits remains largely theoretical.
Additionally, a study by Intellecap, an investor in social enterprises, found that up to 48% of women stop working within four months after returning from maternity leave. In contrast, up to 50% more men are employed between the ages of 15-24 and 25-34.
“Working women in India face an uphill battle during maternity, despite the so-called protections of the law, which fails to protect them from being fired right before they’re due maternity leave, leaving them vulnerable to the whims of employers who see pregnancy as a liability,” Dr. Sheetal Jindal, Senior Consultant and Medical Director at Jindal IVF Chandigarh, tells me. “The entire financial burden of maternity leave is dumped on employers, who then conveniently decide to hire men instead, sidelining women in their prime. And women who do return to workplaces after maternity leave are often treated like slackers, missing out on promotions and opportunities because they dared to have a child,” she adds.
Simrat Kathuria, CEO and Head Dietitian at The Diet Xperts, explains that there is no structured reintegration plan for new mothers, which could help ease their return to work. “The legislation lacks effective enforcement and grievance mechanisms, making it challenging to ensure compliance and address violations.”
The Harsh Reality
For Dr. Jindal, this disparity in maternity benefits is palpable. “When I joined an institute, my daughter was just three months old, and I was unable to avail maternity leave benefits. Balancing my career with the demands of breastfeeding was a significant challenge, especially with the lack of cooperation from peers and staff,” she notes, adding, “The motherhood penalty is real, and it’s high time we stop pretending that a few weeks of paid leave can erase the deeply ingrained misogyny that drives these inequities.”
The lack of adequate breastfeeding facilities at work exacerbates the stigma, forcing women into uncomfortable or unsanitary situations. “The absence of accessible and affordable childcare options creates an immense burden, compelling women to make impossible choices between their careers and their children,” Kathuria says, adding that these challenges are not mere inconveniences but structural barriers that perpetuate inequality and undermine both the mental well-being and professional lives of women.
Socio-Economic Impact
The effects of gaps in maternity benefits are far-reaching. According to a 2023 report by the International Labour Organization, women in the informal sector who lack maternity benefits are more likely to experience health complications and financial instability, which in turn affects their children’s well-being and future opportunities.
Moreover, the broader economic impact is significant. Women are crucial contributors to the informal economy, and their reduced participation due to maternity-related challenges affects overall productivity. An inclusive approach to maternity benefits could enhance workforce participation and contribute positively to economic growth.
Proposed Solutions
To address these disparities, several policy changes need to be made. First, extending maternity benefits to the informal sector is crucial. “Maternity benefits shouldn’t just be a luxury for women in large corporations while those in small businesses or the informal sector are left in the cold. We need universal coverage, backed by government subsidies, to ensure every working mother has the protection she deserves,” Dr. Jindal opines.
Additionally, Kathuria advocates for flexible work options for new mothers, such as remote work or part-time roles, to replace the traditional 9-to-5 grind.
Furthermore, real reentry programs must be mandatory so women can return to work without losing career momentum. “Integrating mental health support and wellness programs can address the emotional challenges that come with balancing work and new motherhood,” Kathuria says, adding that affordable childcare is non-negotiable.
In the end, women demand a workplace where motherhood is respected, not penalised.