In a landmark judgment on Friday, the Supreme Court of India declared that maternity leave is not just a workplace benefit but a fundamental part of women's reproductive rights.
The ruling came from a bench comprising Justice Abhay S. Oka and Justice Ujjal Bhuiyan, who emphasized that no institution—public or private—can deny a woman her entitlement to maternity leave.
The case was brought by a government school teacher from Tamil Nadu, who had been denied maternity leave following the birth of her child from her second marriage. Authorities refused her request on the basis of a state rule limiting maternity benefits to the first two children.
The petitioner argued that although she had two children from her first marriage, she had not availed of maternity leave or benefits at that time, as she was not employed. She began working only after her second marriage and sought leave for her third child—her first while in service.
Represented by Advocate K.V. Muthukumar, the petitioner contended that the state's decision was discriminatory and infringed upon her fundamental rights, especially since she had not previously benefited from the state’s maternity provisions.
The Supreme Court sided with the petitioner, effectively expanding the interpretation of maternity benefits. It ruled that maternity leave must be seen as an essential component of a woman’s reproductive rights, reinforcing the state's obligation to uphold those rights.
The judgment also revisits the broader framework of the Maternity Benefit Act. As per existing provisions, women are entitled to 26 weeks of paid maternity leave, an increase from the earlier 12 weeks following a 2017 amendment. The law also extends 12 weeks of leave to women who adopt a child.
This decision marks a significant step forward in reinforcing gender equity and protecting the rights of working women in India.
Website designed, developed and maintained by webexy