Why few Indian women get maternity benefits

India has amongst the most progressive laws on maternity benefits. But a large majority of India’s workforce is engaged in informal work. Further, the law exempts small firms from having to provide these benefits. As a result, 93.5% of women workers in the country cannot access maternity benefits, our analysis of government data shows.

This year, the Union budget has earmarked Rs 3 lakh crore to initiatives that enhance the participation of women in India’s workforce, including initiatives such as establishment of childcare facilities and hostels for working women.

Last month, the Delhi High Court called for a re-evaluation of the policy restricting maternity leave for government employees with more than two children. The bench emphasised that measures be aimed at offering incentives and disincentives to parents rather than children.

India has also included provisions for women government employees undergoing surrogacy to seek maternity leave. The rules now ensure that women in such situations with fewer than two surviving children are entitled to 180 days of maternity leave. A “commissioned mother”, defined as a woman who uses a surrogate to carry her child, is now explicitly included in this entitlement. Further, it grants commissioning fathers with fewer than two surviving children up to 15 days of paternity leave.

A 2017 amendment to the Maternity Benefit Act,...

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