Evaluate the impact of the Maternity Benefit (Amendment) Act, 2017 on women's participation in the workforce. How can such legal frameworks be further enhanced to support gender eq

GS1 Women Empowerment
Evaluate the impact of the Maternity Benefit (Amendment) Act, 2017 on women's participation in the workforce. How can such legal frameworks be further enhanced to support gender equality in research?

Evaluate

  • 10 marks
  • 8 min
  • 150 words
  • Medium

The Hindu

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Introduction

The Maternity Benefit (Amendment) Act, 2017 amended the Maternity Benefit Act, 1961 to expand paid maternity leave from 12 to 26 weeks, mandate crèche facilities, and promote work-from-home provisions. It aimed to improve women’s labour-force participation and ensure workplace dignity under Articles 14, 15 and 42 of the Constitution.

Impact on Women’s Participation in Workforce

Positive Contributions

  • Improved maternal and child health outcomes through longer paid leave aligned with WHO recommendations.
  • Enhanced job security for women in formal employment, reducing immediate post-pregnancy attrition.
  • Encouraged discussion on gender-sensitive workplaces and flexible work arrangements.
  • Supported India’s commitment to SDG-5 (Gender Equality) and ILO standards.

Limitations and Concerns

  • The entire wage burden is placed on employers, discouraging hiring of women, especially in MSMEs and startups.
  • According to the Periodic Labour Force Survey (PLFS), female labour force participation remains structurally low despite legal reforms.
  • The Act largely benefits the formal sector, whereas nearly 90% of Indian women work in the informal economy.
  • Lack of effective implementation of crèche facilities and workplace monitoring.
  • Research and academic careers suffer from the “motherhood penalty”, affecting promotions, publications and grants.

Judicial and Policy Value Addition

  • Air India v. Nergesh Meerza (1981): Supreme Court struck down discriminatory service conditions against air hostesses.
  • B. Shah v. Labour Court (1977): SC interpreted maternity benefits as a measure of social justice.
  • ILO Maternity Protection Convention, 2000 emphasises shared social responsibility.

Measures to Enhance Gender Equality in Research

  • Introduce shared parental leave and paternity benefits to reduce gendered caregiving burdens.
  • Create government-funded maternity compensation schemes instead of employer-only liability.
  • Extend protections to informal workers, contractual researchers and gig employees.
  • Implement UGC and DST re-entry fellowships, tenure-clock extensions and childcare grants for women researchers.
  • Ensure gender audits in institutions as recommended by the National Education Policy (NEP), 2020.

Conclusion

While the 2017 amendment strengthened reproductive rights and workplace dignity, its limited coverage and employer-centric design constrain its transformative potential. A holistic framework combining social security, childcare support and institutional reforms is essential for achieving substantive gender equality in the workforce and research ecosystem.