Maternity Leave Is Now A Constitutional Right, Even For Third Child: SC

In a landmark judgment, the Supreme Court of India recently ruled that maternity leave is a constitutional right under Article 21 of the Constitution, which guarantees the right to life and personal liberty. “Women now constitute a sizeable portion of the workforce, & must be treated with honour and dignity,” the court said. This decision came in response to a case involving a Tamil Nadu government schoolteacher who was denied maternity leave for her third child due to state policy restrictions.

Background of the Case

The petitioner, K. Umadevi, a government schoolteacher in Tamil Nadu, had two children from her first marriage. After remarrying, she had a third child and applied for maternity leave. Her request was denied based on the state's Fundamental Rule 101(a), which limits maternity benefits to women with fewer than two surviving children. The Madras High Court upheld this decision, prompting Umadevi to appeal to the Supreme Court.

Supreme Court's Ruling

A bench comprising Justices Abhay S. Oka and Ujjal Bhuyan overturned the Madras High Court's decision, emphasising that maternity leave is integral to a woman's reproductive rights and must be protected as such. The Court stated that reproductive rights are part of several intersecting domains of international human rights law, including the right to health, privacy, equality, non-discrimination, and dignity.

The Court further noted that the Maternity Benefit Act does not impose a cap on the number of children for which maternity leave can be claimed. While the duration of leave may vary—26 weeks for women with fewer than two surviving children and 12 weeks for those with two or more, the right to maternity leave itself remains unaffected.

Implications of the Judgment

This ruling sets a significant precedent, reinforcing that maternity leave is not merely a statutory benefit but a constitutional entitlement. It underscores the importance of supporting women's reproductive choices and ensuring that workplace policies align with constitutional rights.

Employers, both in the public and private sectors, are now expected to review and, if necessary, revise their maternity leave policies to comply with this judgment. Denying maternity leave based on the number of children could now be considered a violation of constitutional rights.

The Supreme Court's decision marks a pivotal moment in the advancement of women's rights in India. By recognising maternity leave as a constitutional right, the Court has affirmed the nation's commitment to gender equality and the protection of reproductive rights.