Articles by Saumya Uma

The legal ramifications of the recently promulgated Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance, 2020 are examined by juxtaposing popular perceptions of inter-religious marriages as “dishonourable” to the concerned families and communities, with a feminist perspective of women’s agency and exercise of choice in marriage. The key to preventing the phenomenon of conversion for marriage lies not in enacting draconian legislations that arm the state machinery with arbitrary powers, but in streamlining and simplifying procedures under the Special Marriage Act, 1954 that allow for inter-religious marriages without religious conversion of either person.

The Maternity Benefit Act, 1961, a key legislation in India that enables women to transcend the public–private dichotomy and stake their claim for productive participation in the labour force, saw major amendments in 2017. Four aspects of the amendments—increased maternity leave, maternity leave for adoption and surrogacy, provision of crèche, and paternity leave—are juxtaposed with feminist and constitutional principles as well as ground-level realities and practices. An increase in maternity benefits in law with a neglect of paternity leave and benefits is a lopsided approach that further reinforces gendered division of labour and care work as the domain of women. The social responsibility of employers is emphasised, and a deeper engagement of the state with the policy of parental benefits is advocated.