Intersecting Law and Labour: A Comparative Analysis of Maternity Benefit Policies in India and Sri Lanka

Abstract

Through this paper, the authors conduct a comprehensive comparative examination of the maternity benefit policies in India, and the neighbouring country of Sri Lanka. By providing an analysis from the perspective of the dynamics of labour force participation, the authors aim to evaluate assumptions of gender that are impacted by socio-economic conditions of maternal workforce support mechanisms. The paper begins by revealing gender disparities in labour force participation rate, which underscore the need for effective maternity policies .Drawing upon empirical data collected by the researchers and the legal framework of the Indian subcontinent, the authors address the maternity-related experiences of women employees in Delhi working in in the public sector. Following this, the paper proceeds to analyze the Sri Lankan policy architecture, highlighting the structural and conceptual nuances that distinguish the island nation's approach. The comparative assessment of the two countries reveals the differences in their institutional trajectories, normative interpretations, and socio-economic conditions that shape the policies. By adopting a feminist jurisprudential approach, the authors critically interrogate the extent to which these maternity benefit provisions challenge or reinforce prevailing gender power structures, work-family reconciliation pressures, and the valuation of reproductive labour. The core argument of the paper rests on the foundation that inadequate maternity benefits can hinder women's professional advancement and economic independence, which further perpetuates gender inequality. By examining the roles of the State, employers, and influence of societal attitudes in mediating the lived experiences of working mothers, the authors are able to identify gaps between legislative intent and implementation realities. Ultimately, the conclusion is to propose a series of recommendations in policies, and intervene in the institutional frameworks to  enhance the gender-transformative potential of maternity benefit frameworks. This comparative investigation contributes to the broader scholarly discourse on the intersections of labour policies, gender equity, and sustainable development in postcolonial South Asian contexts.