EVOLUTION OF MATERNITY BENEFITS: A COMPARATIVE ANALYSIS OF LEGAL FRAMEWORKS ACROSS DEVELOPED AND DEVELOPING NATIONS

AUTHOR – LUXEN I, STUDENT AT THE TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY, SOEL, CHENNAI

BEST CITATION – LUXEN I, EVOLUTION OF MATERNITY BENEFITS: A COMPARATIVE ANALYSIS OF LEGAL FRAMEWORKS ACROSS DEVELOPED AND DEVELOPING NATIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 160-173, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract:

This doctrinal study investigates the historical evolution, present situation, and future directions of maternity benefit regulations in both developed and developing nations. The research utilizes a comparative legal approach to assess how maternity protection has transitioned from being considered charitable welfare to being recognized as legally enforceable rights within the broader contexts of human rights and gender equality. The analysis follows the development of international labour standards via a series of ILO Conventions and their integration into national law, highlighting notable disparities in aspects such as coverage, duration, funding structures, and enforcement mechanisms. By conducting a thorough examination of statutory laws, court rulings, and policy frameworks across various regions, this study identifies unique regional models while exploring the intricate relationship between economic progress, cultural elements, and legal safeguards. Special focus is placed on the ongoing implementation gaps that exist between legislative commitments and real-world practices, particularly in the informal sector where a majority of women in developing countries are employed. The research reveals that while maternity benefits are generally more extensive in developed countries, several developing nations have adopted innovative strategies worthy of broader exploration. The study also considers emerging patterns such as the gradual move towards shared parental leave, flexible work options, and increased protections for non-standard employment situations. An analysis of economic impacts shows that well-structured maternity benefit systems provide positive outcomes through heightened female workforce engagement, decreased employee turnover, and enhanced maternal and child health results. This research adds to the current body of knowledge by suggesting a framework for evaluating maternity benefit systems that takes into account different economic limitations while pinpointing essential minimum standards relevant across various development settings. The findings endorse policy suggestions aimed at achieving universal maternity protection while addressing challenges in implementation through technological advancements, collaborations between public and private sectors, and improved enforcement strategies.

Key Words: Maternity Benefits, Parental Leave, Legal Frameworks, Employment Rights, Gender Equality.