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Blog / 26 May 2025

Supreme Court Declares Maternity Leave a Fundamental Reproductive Right of Women

Context:

The Supreme Court has made a landmark observation on maternity leave, emphasizing its integral connection to maternity benefits and reproductive rights. In a significant ruling, the court set aside a Madras High Court order that denied maternity leave to a government teacher awaiting the birth of her third child.

Key Highlights of the Judgment:

  • Reproductive Rights and Personal Liberty: The Supreme Court asserted that maternity leave is integral to maternity benefits, which in turn form a core aspect of reproductive rights. These rights are safeguarded under Article 21 of the Indian Constitution, which guarantees the right to life and personal liberty. The court referenced its earlier ruling in Suchita Srivastava v. Chandigarh Administration (2009) to reiterate that a woman’s right to make reproductive choices is a part of her dignity and autonomy.
  • Human Rights Dimension: The Court aligned its reasoning with international human rights standards, noting that reproductive rights are part of the Universal Declaration of Human Rights (UDHR). These encompass health, privacy, dignity, and gender equality, thereby placing India’s obligations within a global context.
  • Social Justice and Gender Equity: Recognizing the dual role of women as caregivers and workers, the judgment emphasized that maternity leave laws serve the larger purpose of social justice. Denying such rights not only harms individual women but undermines broader efforts towards workplace equality and gender-sensitive governance.
  • Balancing Policy and Rights: While acknowledging that population control is a legitimate state objective, the Court clarified that it cannot override fundamental rights. Instead, there must be a rational balance that ensures policies promote justice and equity without infringing upon constitutionally guaranteed freedoms.

Implications of the Ruling:

·        Grant of Maternity Leave: The Supreme Court directed the state to grant maternity leave to the teacher under FR 101(a) of the Tamil Nadu rules.

·        Release of Maternity Benefits: The court ordered the state to release the maternity benefits within two months, ensuring timely support for the teacher.

About Maternity Benefit Act, 1961:

The Maternity Benefit Act of 1961, amended in 2017, provides crucial support to women employees in India, ensuring their job security and financial stability during maternity.

  • Applicability: The Act covers factories, mines, plantations, government offices, and private establishments with 10 or more employees.
  • Paid Maternity Leave: Women with fewer than two surviving children are entitled to 26 weeks of paid leave. Those with two or more children are entitled to 12 weeks.
  • ESI Act Coverage: Women covered under the Employees’ State Insurance Act, 1948, also receive maternity benefits through that framework.

Conclusion:

The Supreme Court’s ruling is a landmark affirmation of women’s reproductive autonomy, bridging constitutional guarantees with international human rights norms. It ensures that maternity leave is treated not as a concession, but as a legal and moral right, critical to the dignity, health, and equality of working women.