The Supreme Court of India has ruled that maternity leave is a fundamental component of a woman’s reproductive rights, setting aside a Madras High Court decision that denied such leave to a government school teacher for her third child.
The case involved a Tamil Nadu teacher who had two children from her first marriage before entering government service. After remarrying, she sought maternity leave for her third child, the first born after she joined the service. Her request was denied based on state policies limiting maternity benefits to two children.
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A single judge of the High Court initially ruled in her favor, citing the Maternity Benefit Act, 1961, which does not restrict benefits based on the number of children. However, a division bench later overturned this decision, stating that maternity leave was a statutory right, not a fundamental one.
The Supreme Court’s decision emphasizes that reproductive rights encompass the right to maternity leave, aligning with international human rights principles such as the right to health, privacy, equality, and dignity. The Court directed the Tamil Nadu government to grant the teacher maternity leave and associated benefits within two months.
This landmark ruling reinforces the constitutional protection of women’s reproductive rights and ensures that maternity benefits are accessible, regardless of the number of children a woman has.
