SOAS Research Online

Abstract

The gendered and performative role of motherhood, an ideal of patriarchy, has been codified into the letters of law. A feminist lens has been applied to understand how motherhood and patriarchy interact within the maternity benefit law in India, which is primarily regulated by the Maternity Benefit Act, 1961, as amended in 2017. An attempt is made to determine whether the extant law truly benefits all women equally without discrimination. It is critically examined, using an intersectional approach, to ascertain whether it ensures the welfare of all women or is yet another systemic attempt to further the patriarchy. The progress of the law is evaluated and corporate maternity benefit policies in India are analysed to assess whether the law requires revisions and of what type to achieve its true objective.