Supreme Courts Upholds Maternity Leave as 'Basic Reproductive Right'

New Delhi: The Supreme Court of India on Friday delivered a significant verdict on maternity leave, declaring it an essential part of reproductive rights and maternity benefits. The apex court observed that no institution has the authority to deny a woman her right to maternity leave.

The ruling came in response to a petition filed by a woman government employee from Tamil Nadu, who was denied maternity leave on the grounds that she already had two children from her first marriage. Tamil Nadu’s rules allow maternity benefits only for the first two children.

The woman, however, argued in her petition that she had not availed maternity leave for her first two children. Her counsel, Kev Muthukumar, pointed out that she had joined the government school as a teacher only after her second marriage, during which she gave birth to another child.

The state government had refused her leave, citing the rule that maternity benefits apply only to the first two children regardless of the circumstances. The court strongly disagreed and made it clear that maternity leave is a vital entitlement under maternity benefit rules and a crucial component of women’s rights.

The court emphasized that motherhood and the protection of a child are constitutionally safeguarded rights. It said, “Maternity leave is not merely a concession but a fundamental right connected to reproductive choice and dignity.”

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The bench also recalled that in 2017, the Maternity Benefit Act was amended to increase the duration of paid maternity leave from 12 weeks to 26 weeks for women employees having up to two children. Women who adopt a child are also entitled to 12 weeks of maternity leave, starting from the date the child is handed over to them.

In several previous rulings, the Supreme Court has reiterated that maternity leave is a right for all women employees, regardless of the nature of their employment.