In a significant ruling on May 23, 2025, the Supreme Court of India declared that maternity leave is a constitutional right, even in cases involving the birth of a third child. This decision came after a Tamil Nadu government schoolteacher was denied maternity leave for her third child, based on state policy limitations.
The petitioner, a government schoolteacher from Tamil Nadu, had two children from her first marriage and was denied maternity leave for her third child, born from her second marriage. She argued that she had not availed of maternity leave benefits for her first two children and that she joined government service only after her second marriage.
The Supreme Court bench, comprising Justices Abhay S. Oka and Ujjal Bhuyan, emphasized that maternity leave is not merely a matter of social justice, but a fundamental right linked to human dignity and constitutional protections. The Court stated that reproductive rights are part of several intersecting domains of international human rights law.
The Court's decision overturned a previous Madras High Court ruling that had denied the teacher's maternity leave request. The Supreme Court highlighted that no institution could deprive a woman of her right to maternity leave, reinforcing the legal and constitutional right of women employees to leave, irrespective of the number of children.
This ruling aligns with the 2017 amendments to the Maternity Benefit Act, which increased maternity leave from 12 weeks to 26 weeks for all women employees and extended 12 weeks of maternity leave to women choosing to adopt a child.
The Supreme Court's judgment underscores the importance of supporting women's rights in the workplace and affirms the state's responsibility to provide adequate maternity benefits. It sets a precedent for future cases, ensuring that women's reproductive rights are upheld across the country.
The Supreme Court also observed that denying maternity leave on the basis of a woman having more than two children or due to a remarriage undermines her dignity and equality. It emphasized that such policies should not create discrimination against women who choose to remarry or expand their families. The bench clarified that maternity leave must be granted not merely as a statutory benefit but as a recognition of a woman's fundamental rights under Articles 14, 15, 19, and 21 of the Constitution. The Court directed the Tamil Nadu government to grant maternity leave to the petitioner within eight weeks. This judgment is expected to influence employment policies in both public and private sectors across India. It reinforces the judicial commitment to safeguarding gender justice and reproductive autonomy.
(Input from various sources)
(Rehash/Sakshi Thakar/MSM)