Antara Gupta
In an insightful conversation with Adv. Audrey D’Mello during a recent session of the Law and
Public Policy Fellowship (LPPYF Cohort 5.0), there was a discussion around the question of
difficulties women lawyers face in their workspace. From lack of access to maintained washrooms to pay parity, the difficulties range across a spectrum. This is not a problem restricted to the legal field. The inherent patriarchy of our systems manifests quite frequently in the workplace. This blog article highlights a key aspect of the multifaceted drawbacks that hold women back from realizing their full potential—maternity leaves and childcare access, in the urban organised setups.
The rapidly expanding urban economy has also brought a plethora of opportunities in its wake. One might assume that the impressive strides in education would have translated into higher female participation in the workforce. It, however, comes as a rude awakening that despite India’s economic transformation, urban women’s employment has never crossed 25% in the past 3 decades, according to statistics from the World Bank report (Das & Žumbytė, 2017). One of the key reasons is the burden of caregiving falling squarely on women’s shoulders, with limited workplace-based or policy-level institutions to effect meaningful support for their dual role expectations as a caregiver and an ‘efficient’ worker.
Perhaps, this would be an apt point in the discussion to introduce, motherhood penalty – a term frequently used to describe the stagnation of a woman’s career prospects post-embracing motherhood. The Indian version of the phenomenon is deeply entrenched in a cultural script that equates good motherhood to full-time caregiving. The results? – societal approval at the behest of stalled careers.
India’s legal protections are yet to translate into actionable measures addressing the complex reality. The 2017 amendment of the Maternity Benefits Act extended the maternity leave from 12-26 weeks, and brought adoptive and commissioning mothers under the coverage of the Act. It also mandated employers with over 50 employees to provide creche facilities. Work-from-home flexibility has also been provided by virtue of the latest amendment. The impact of the law has, however, been uneven.
Firstly, it applies only to the formal sector, which employs less than 10% of Indian women
(Ellenomics, n.d.). According to a study, it was found that the amendment led to a demand-side penalty, with establishments covered by the law being 4.3 percentage points less likely to hire women (Mukherjee & Sarkhel, 2025). This suggests that while the law benefits mothers, it may also inadvertently discourage female employment due to increased costs and employer bias, thus affecting women’s overall participation in the workforce.
This sends out a clear message that law alone cannot create inclusive workplaces – a shift from
compliance to care is needed. This takes me back to an interesting perspective Audrey Ma’am shared-it is not just about compliance, it is about understanding the physical and biological differences and limitations and accepting them as is. Just infusing women into the workforce is not sufficient; a special place must be carved out for them, accommodating their needs and interests – that would be an ideal starting point.
Workplace culture gatekeeps the patriarchy despite the existence of progressive and forward-looking legislation. Studies show that Indian women experience slower promotions, fewer opportunities, and subtle sidelining after childbirth (Ray & Samanta, 2020). There is an inherent perception of decreased competence and commitment.
Maternity leave becomes less of a pause for the body and mind to heal and more of an exit ramp from what could have been a progressive and fulfilling career. Economists Mukherjee and Sarkhel, in their work, argue that motherhood penalties in India concretize in both material and social ways. Women experiencing unplanned pregnancies face the steepest of career setbacks. While male counterparts are rewarded with assumptions of stability and leadership upon fatherhood, the woman relegates herself to flexible but low-wage options (Ray & Samanta, 2020).
While one might blame the capitalist base driving modern-day corporations, the patriarchal
undertones cannot be ignored. It is undisputed that post-embracing motherhood, a woman experiences changes—physical, mental, and social. Along with her bodily changes, the social expectations on her increase manifold. It raises a question as to how far her identity as an individual is retained amidst her identity as a wife and mother.
The 2017 amendment also mandated creche facilities for large workplaces. In theory, the move had the potential to revolutionise urban childcare access. It is, however, a harsh reality that most of the workspaces are not ready for the revolution. It reveals India’s childcare deficit. A report by IFC and Bright Horizons found that less than half of the eligible employers provided access to creche facilities (IFC & Bright Horizons, 2019). Many also fulfilled the mandate by striking partnerships with distant creches that were impractical and made the facility inaccessible to actual users.
The current scenario calls for an actual shift from compliance to care. Effective compliance with the on-paper law needs to be checked. Gender neutral parental leaves reduce the burden placed squarely on women by the workplace culture driven by societal prejudices. Quality benchmarks, staffing, and safety norms should be ensured for childcare facilities to actually release the burden from the mother.
Global best practices suggest a broader spectrum of caretaking, including paternity leave, returnship programs, and flexible scheduling. Certain companies have introduced gender-neutral caregiving leaves and support systems, but such initiatives remain rare in most sectors.
Motherhood is not a coma to a professional journey, nor is childcare solely a woman’s burden. Laws of the workplace need to be cognizant and reflect the current realities to safeguard talent, equity, and economic momentum. Inclusive workspaces should not be a luxury; they are a right, the basis on which a just, thriving, and well-rounded economy is to be founded, wherein women participate and ste foundation for a just and thriving economy.
Disclaimer: All views expressed in the article belong solely to the author and not necessarily to the organisation.
About the Author
Antara Gupta, is a student at NALSAR University of Law, Hyderabad, India
Fellow, and a LPPYF Cohort 5.0 fellow.
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