Maternity Leave Integral Part Of Women's Reproductive Rights, Says Supreme Court
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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 Supreme Court on Friday ruled that maternity leave is an integral component of maternity benefits and a vital part of women's reproductive rights. A bench of Justice Abhay S Oka and Justice Ujjal Bhuiyan said that no institution could deprive a woman of 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 of any maternity leave or benefits for her two children from her 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 the petitioner's 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.
'We have delved into the concept of reproductive rights and have held that maternity benefits are a part of reproductive rights and maternity leave is integral to maternity benefits. Therefore, the impugned order has been set aside. The division bench order has been set aside," the top court observed. 'Maternity leave is integral to maternity benefits. Reproductive rights are now recognised as part of several intersecting domains of international human rights law viz. the right to health, right to privacy, right to equality and non-discrimination and the right to dignity."
Under the maternity leave policy, any woman who was due was able to take up to 12 weeks of paid maternity leave after the baby was delivered. In 2017, significant amendments were made to the Maternity Benefit Act on the Supreme Court's orders, with the maternity leave increased to 26 weeks for all women employees.
Additionally, women who have adopted a child are also entitled to 12 weeks of maternity leave.
(With agency inputs)
First Published:
May 23, 2025, 20:35 IST
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