The Supreme Court on Friday ruled that maternity leave is an integral part of maternity benefits and a vital aspect of women’s reproductive rights. A bench comprising Justice Abhay S Oka and Justice Ujjal Bhuyan stated that no institution can deny a woman her right to maternity leave.
The order was passed on a petition filed by a Tamil Nadu woman government teacher who was refused maternity leave after the birth of her child from her second marriage. The petitioner said her maternity leave was denied because she already had two children from her first marriage.
Tamil Nadu has a rule that maternity benefits are only extended for the first two children. The petitioner clarified that she had not availed any maternity leave or benefits for her two children from the first marriage. She also stated that she joined government service only after her second marriage.
Advocate KV Muthukumar, representing the petitioner, argued that the state’s decision violated her fundamental rights as she had not previously used maternity benefits under Tamil Nadu’s provisions.
The Supreme Court sided with the petitioner and expanded the scope of maternity benefits, recognising maternity leave as part of basic reproductive rights.
In 2017, the Maternity Benefit Act was amended following Supreme Court orders, increasing maternity leave from 12 weeks to 26 weeks for all women employees. Women adopting a child are also entitled to 12 weeks of maternity leave. The Supreme Court has previously emphasised that maternity leave is a right for all women employees, regardless of their employment nature.
