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Supreme Court Declares Maternity Leave a Fundamental Reproductive Right

India's top court overturns Madras High Court decision, mandating maternity leave eligibility regardless of number of children to align with constitutional protections.

Setting aside a Madras high court judgment declining maternity leave to a Tamil Nadu government school teacher , the top court ruled that a woman is entitled to maternity benefits for her third biological child (HT PHOTO)
SC Upholds Maternity Leave as Fundamental Right | Image: Republic
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Overview

  • The Supreme Court ruled that maternity leave is a fundamental right tied to reproductive choice and dignity under Article 21 of the Indian Constitution.
  • The decision set aside a Madras High Court order that denied maternity leave to a Tamil Nadu government teacher for her third child, citing state rules limiting benefits to two children.
  • The court clarified that the Maternity Benefit Act, 2017, does not bar maternity leave based on the number of children but adjusts the duration—26 weeks for the first two children, 12 weeks for subsequent births.
  • The bench emphasized the need to harmonize state population control policies with constitutional guarantees of women's rights, including health, dignity, and non-discrimination.
  • States have been directed to align their service rules with the central Maternity Benefit Act, ensuring no institution denies maternity leave based on the number of children.