Category: Volume 5 and Issue 5 of 2025

CARING FOR MOTHERS: A LOOK AT INDIA’S MATERNITY SUPPORT SYSTEM

AUTHOR – JEYASHREE.A.R, STUDENT AT TAMILNADU DR. AMBEDKAR LAW UNIVERSITY- SCHOOL OF EXCELLENCE IN LAW.

BEST CITATION – JEYASHREE.A.R, CARING FOR MOTHERS: A LOOK AT INDIA’S MATERNITY SUPPORT SYSTEM, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 389-396, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The Maternity Benefit Act, 1961, and its related programs play a crucial role in protecting the health and rights of working women in India, especially during pregnancy and postnatal periods. This article evaluates the impact of the Act and schemes like Janani Suraksha Yojana (JSY) and Maternity Benefit Programme (MBP), which aim to reduce maternal mortality and financial burden. Despite various efforts, gaps remain in coverage, particularly for women in the informal sector. International examples show that paid maternity leave and cash benefits can improve child health, reduce maternal stress, and promote breastfeeding. However, India’s approach often limits benefits to certain births or conditions, affecting the most vulnerable. The article examines legislative provisions, implementation issues, and the outcomes of maternity benefit programs on maternal health, gender equality, and labour force participation. It argues that maternity benefits should be universal, unconditional, and treated as a human right and public investment in human capital.

Keywords: Maternity Benefit Act, reproductive rights, informal sector, gender equality, cash transfer schemes.

EVALUATING THE EFFECTIVENESS OF THE MATERNITY BENEFIT (AMENDMENT) ACT, 2017 IN PROMOTING WORKPLACE EQUALITY AND MATERNAL HEALTH IN INDIA

AUTHOR – ABISHEK.N,STUDENT OF SCHOOL OF EXCELLENCE IN LAW, THE TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY

BEST CITATION – ABISHEK.N, EVALUATING THE EFFECTIVENESS OF THE MATERNITY BENEFIT (AMENDMENT) ACT, 2017 IN PROMOTING WORKPLACE EQUALITY AND MATERNAL HEALTH IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 382-388, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract:-

This research examines the Maternity Benefit (Amendment) Act, 2017, and its implications for workplace equality and maternal health in India. The original Maternity Benefit Act, 1961, was a significant step in ensuring that women employees were entitled to maternity leave, job protection, and related benefits. However, as the needs of the modern workforce evolved, the Act required updates to address contemporary challenges related to women’s health and participation in the labor market. The 2017 Amendment marked a pivotal moment by extending the duration of paid maternity leave from 12 to 26 weeks, which is one of the longest periods of maternity leave in the world. The law also introduced provisions for adoptive and commissioning mothers, providing them with 12 weeks of paid leave, thus recognizing non-biological pathways to motherhood.

One of the most noteworthy changes in the 2017 Amendment is the mandate for crèche facilities at establishments with 50 or more employees. This provision is aimed at supporting women who return to work after childbirth by allowing them to breastfeed and care for their infants during working hours. It reflects a growing recognition of the need for family-friendly work environments that can help women balance their professional and personal responsibilities. Additionally, the Amendment introduces the option for women to work from home after childbirth, providing flexibility for those in roles that can accommodate remote work.

Despite these significant advancements, the implementation of the Act continues to face various challenges. One of the key issues is the lack of awareness about the provisions of the law among both employers and employees, which leads to inconsistent application across different industries. Small and medium-sized enterprises (SMEs), in particular, may face difficulties in providing crèche facilities, thereby limiting the reach of the law. Furthermore, while the Act applies to establishments with 10 or more employees, the unorganized sector remains largely unaddressed, leaving a large portion of the female workforce without the protection and benefits provided by the law.

In light of these challenges, this research suggests several policy recommendations for improving the implementation of the Maternity Benefit Act. These include the establishment of a government-funded maternity benefit scheme to ease the financial burden on employers, especially those in SMEs, extending the Act’s coverage to the unorganized sector, and providing tax incentives to companies that comply with the crèche facility requirement. Furthermore, awareness campaigns and regular monitoring are necessary to ensure that the law’s provisions are fully implemented.

Through this analysis, the research highlights the potential of the Maternity Benefit (Amendment) Act, 2017, to advance gender equality in the workplace, promote maternal health, and create a more supportive work environment for women. However, it also emphasizes the need for continuous reforms, better enforcement mechanisms, and broader coverage to ensure that the benefits reach all women, particularly those in vulnerable sectors. Ultimately, the successful implementation of this Act is essential for advancing the rights of women in India and fostering a more inclusive and equitable labor market.

Keywords:- Crèche facilities, women workers, unorganized sector, flexible work arrangements, women empowerment.

AN ANALYSIS OF GIG WORKERS AND THE CHALLENGES SURROUNDING THEIR EMPLOYMENT

AUTHOR – JANANI P, STUDENT OF SCHOOL OF EXCELLENCE IN LAW, THE TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY

BEST CITATION – JANANI P, AN ANALYSIS OF GIG WORKERS AND THE CHALLENGES SURROUNDING THEIR EMPLOYMENT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 376-381, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

There are around 450 million unorganized laborers in India, making up 92.4% of the country’s employment.  Approximately 83% of the workforce is employed in the unorganized sector. Remarkably, a brand-new unorganized labor market known as “gig workers” or “platform-based” workers has arisen in the past ten years.  The Unorganized Workers’ Social Security Act of 2008 defines an “unorganized worker” as a wage worker, self-employed worker, or home-based worker.  Gig workers may not be included in this definition, but they are covered by the second clause, which states that no labor regulation defines the word. Since they are hired by companies using digital applications, resulting in a platform-dependent employment structure, they are referred to as platform workers. The first Indian state to create legislation protecting gig workers and giving them a sufficient regulatory framework to stop exploitation of their freelancing employment was Rajasthan. This essay examines a number of gig economy-related topics while accounting for the growing need for platform labor. It also offers a well-thought-out framework for harmonious connections between the aggregator and the workers, as well as specific actions to fulfill their requirements. During the COVID-19 epidemic, the gig economy flourished in large part because it was useful for delivering necessities, food, and transportation services, all of which were severely impacted. The scope of the research is limited to discussing various issues faced by platform workers (workers employed by aggregators like Swiggy, Ola, Uber etc.) and suggesting certain solutions for the same.

Keywords : Gig Workers, Digital Platform, Social Security, Redressal Mechanism, Platform Workers

HAZARDOUS PROCESSES UNDER THE FACTORIES ACT, 1948: A LEGAL AND COMPARATIVE ANALYSIS

AUTHOR – DHANALAKSHMI I, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, THE TAMIL NADU DR.AMBEDKAR LAW UNIVERSITY, CHENNAI

BEST CITATION – DHANALAKSHMI I, HAZARDOUS PROCESSES UNDER THE FACTORIES ACT, 1948: A LEGAL AND COMPARATIVE ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 368-375, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

The industrial landscape of India has evolved rapidly since independence, contributing significantly to economic development. However, this growth has been paralleled by an increase in occupational hazards, particularly in sectors involving hazardous processes. Recognizing the critical need to protect workers from such risks, the Factories Act, 1948, was amended in 1987 to incorporate comprehensive provisions addressing hazardous processes. This research paper undertakes a detailed legal and comparative analysis of these provisions, primarily focusing on Sections 41A to 41H, which lay down statutory safeguards for workers engaged in hazardous operations. Through a comparative analysis with international frameworks, including those of the United Kingdom, United States, Japan, Australia, and the European Union, the paper identifies best practices in managing hazardous industrial processes, such as risk assessments, public transparency, emergency planning, and proactive worker protection measures. Additionally, the study includes case law analysis, exploring key judicial interpretations of hazardous processes and their influence on the development of regulatory practices. The research also highlights the duties of the occupiers.

Keywords: Hazardous processes, Comparative analysis, legal analysis, occupier.

LABOR’S MENTAL HEALTH PROTECTION

AUTHOR – MANOJ KUMAR RISHIKESAN, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, TNDALU

BEST CITATION – MANOJ KUMAR RISHIKESAN, LABOR’S MENTAL HEALTH PROTECTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 363-367, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract:

An important turning point in employment reform has been reached with the recent introduction of four comprehensive labor codes in India. Although these codes’ main goal is to simplify and update antiquated laws, it is still unclear how well they address new workplace issues, especially those related to mental health. This study examines how, in the Indian context, these new labor laws and mental health compliance interact. This paper aims to clarify how labor law can change to better support workers’ psychological well-being in the contemporary economy by looking at the provisions, pointing out any gaps, and offering potential solutions.

EMPLOYERS LIABILITY TO PAY COMPENSATION-LEGAL FRAMEWORK AND CHALLENGES

AUTHOR – HARSHAVARTHINI I, STUDENT AT TAMILNADU DR. AMBEDKAR LAW UNIVERSITY (SOEL)

BEST CITATION – HARSHAVARTHINI I, EMPLOYERS LIABILITY TO PAY COMPENSATION-LEGAL FRAMEWORK AND CHALLENGES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 352-362, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The liability of employers to pay compensation for workplace injuries and occupational hazards has been a critical component of labour law and industrial relations. This paper explores the legal frameworks governing employers’ liability, focusing on statutory provisions, judicial interpretations, and international conventions. It examines key legislation such as the Employees’ Compensation Act, 1923 (India), and compares it with global practices to highlight similarities and divergences. The paper also addresses contemporary challenges, including the gig economy, unorganized labour sectors, and evolving workplace risks. It critically analyse the adequacy of existing laws in ensuring timely and fair compensation and discusses the need for reforms to address emerging labour dynamics and enforcement bottlenecks. The study concludes by proposing a more inclusive, adaptable, and enforceable compensation regime to safeguard workers’ rights in a changing employment landscape.

Keywords: Employers liability, workers compensation, occupational hazards, Employee compensation Act 1923, compensation, social security, occupational disease

CHALLENGES IN IMPLEMENTATION OF RETIRAL BENEFIT LAWS IN THE UNORGANIZED SECTOR IN INDIA

AUTHOR – PRITHIVI RAJ V S, STUDENT AT TAMIL NADU DR.AMBEDKAR LAW UNIVERSITY

BEST CITATION – PRITHIVI RAJ V S, CHALLENGES IN IMPLEMENTATION OF RETIRAL BENEFIT LAWS IN THE UNORGANIZED SECTOR IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 342-351, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The unorganized sector constitutes more than 90% of India’s total workforce, yet remains largely excluded from the ambit of formal social security and retiral benefits. Despite the existence of legislative frameworks such as the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952, the Payment of Gratuity Act, 1972, and the recently enacted Code on Social Security, 2020, the implementation of retiral benefits for unorganized workers remains fragmented and ineffective. This research aims to critically examine the challenges hindering the implementation of retiral benefit laws in the unorganized sector in India. It explores key barriers including legal ambiguities, lack of awareness, weak enforcement mechanisms, and administrative inefficiencies. The study further analyzes judicial perspectives and government schemes aimed at expanding coverage to informal workers. Through a review of legal texts, policy documents, field reports, and case studies, this research identifies critical gaps and proposes targeted legal and policy reforms to ensure inclusive and effective protection of retiral rights for India’s unorganized workforce. The implementation of retiral benefit laws in the unorganized sector in India presents a myriad of challenges that hinder the effective provision of social security to a significant portion of the workforce. Despite the existence of various legislative frameworks aimed at safeguarding the rights of workers, the lack of formal documentation and identification among unorganized workers complicates their access to these benefits. Socioeconomic factors, including low wages and job insecurity, further impede workers’ ability to save for retirement, while gender disparities within the sector disproportionately affect women, limiting their access to essential benefits. This research aims to explore these multifaceted challenges, highlighting the urgent need for comprehensive policy reforms, targeted awareness initiatives, and the establishment of robust support systems to ensure that the unorganized workforce can effectively access their rightful retiral benefits, thereby enhancing their financial security in old age

FIXED TERM EMPLOYMENT AND JOB SECURITY: A DOUBLE EDGED SWORD

AUTHOR – S.NIVETHALAKSHMI, STUDENT AT THE TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY, SOEL

BEST CITATION – S.NIVETHALAKSHMI, FIXED TERM EMPLOYMENT AND JOB SECURITY: A DOUBLE EDGED SWORD, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 337-341, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The idea of fixed-term employment has become more popular in India as a result of labour reforms meant to encourage investment and increase workforce flexibility.  The protection of employee rights and long-term job security are major concerns, even if it enables companies to control labour costs and adapt to shifting market needs.  This paper critically analyses the legislative framework pertaining to fixed-term employment, specifically as it relates to the Industrial Relations Code of 2020^[1], and considers its effects on social security, job stability, and ethical labour practices.  The study uses a doctrinal and socio-legal approach to show how, depending on how they are used and enforced, fixed-term contracts can be both an opportunity and a source of exploitation.  It also discusses the difficulties in striking a balance between worker protection and economic flexibility. Highlighting the need for more robust protections and changes to policies. According to the study’s findings, fixed-term employment frequently works against the goals of justice and labour welfare, even though it may be advantageous in theory.

Keywords: Economic rights, worker protection, flexible work arrangements, job security, labour law, the Industrial Relations Code, job security, fixed-term employment, employment policy, and socio-legal research.

---

[1] The Industrial Relations Code, No. 35 of 2020, Acts of Parliament, 2020 (India).

ARTIFICIAL INTELLIGENCE AND ITS IMPACT ON JOBS IN INDIA

AUTHOR – JANANI.B, STUDENT AT TAMILNADU DR.AMBEDKAR LAW UNIVERSITY SOEL

BEST CITATION – JANANI.B, ARTIFICIAL INTELLIGENCE AND ITS IMPACT ON JOBS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 327-336, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

Artificial Intelligence (AI) is transforming the global employment landscape, and India is no exception. While AI brings significant advancements in productivity, innovation, and economic growth, it also presents substantial challenges for job security and traditional employment models. This paper explores the impact of AI on the Indian workforce, particularly in sectors like IT, logistics, and gig work. It examines the implications of AI-driven automation, reviews key legal and ethical issues, and analyzes India’s readiness to manage this disruption. With a focus on judicial interpretations and existing laws, the study proposes actionable suggestions to integrate AI in a manner that supports both innovation and inclusive employment growth.

Keywords – Artificial Intelligence, Employment, Labor Law, Job Displacement, Automation, Gig Economy, Data Privacy, Indian Labor Market

CRITICAL ANALYSIS OF MATERNITY BENEFIT ACT 1961 AND THEIR AMENDMENT- 2017

AUTHOR – V. LALITHA, STUDENT AT TAMILNADU DR AMBEDKAR LAW UNIVERSITY SCHOOL OF EXCELLENCE IN LAW CHENNAI TARAMANI

BEST CITATION – V. LALITHA, CRITICAL ANALYSIS OF MATERNITY BENEFIT ACT 1961 AND THEIR AMENDMENT- 2017, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 318-326, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

IN 2017 OF MATERNITY BENEFIT ACT :  Focusing on the advancement and protection of working women’s rights is crucial given the present rise in the number of women participating in the workforce, particularly young urban women.  More than ever, there is a need to develop a gender-friendly labor market by creating a favorable work environment.  The government now plays a bigger part in creating an atmosphere that promotes social justice in both the organized and unorganized sectors.  The Maternity Benefit Act, which was first adopted by the Indian government in 1961 and subsequently revised in 2017, is a step toward this type of social justice. This essay examines the maternity benefit act’s reach and concentrates on the long-term viability of the changes as well as shifting industry dynamics. The study concludes with a suggestion for strengthening the Maternity Benefit Act to make it more inclusive.

The Maternity benefits (Amendment) Act 1961 are to women at the rate of the average daily income for the duration of their real absences. All women are entitled to these benefits, and their employers are responsible for paying them. It is critical to acknowledge that women’s participation in the employment market has significantly increased in recent years, mostly in urban regions.  Furthermore, young women in cities are mostly responsible for the rise in women’s employment.  Growing awareness of the need to provide a working environment is a result of India’s commitment to establishing a gender-friendly labour market.

KEY WORDS : Social Justice, Government, Maternity, and the Maternity Benefit Act etc.