Supreme Court calls maternity leave part of basic reproductive rights

The Supreme Court on Friday held that maternity leave was an integral component of maternity benefits and a vital part of a woman’s basic reproductive rights.

The Bench of Justice Abhay S Oka and Justice Ujjal Bhuiyan passed the order, while hearing a petition filed by a Tamil Nadu government teacher who was denied maternity leave after the birth of her child from a second marriage.

The top court of the country observed said that no institution could deprive a woman of her right to maternity leave.

The petitioner contended that her maternity leave was denied on the grounds that she had two children from her first marriage. As per the Tamil Nadu rules, maternity benefits are only extended for the first two children.

The petitioner submitted that she did not avail any maternity leave or benefits for her two children from her first marriage. She claimed that she entered government service only after her second marriage.

Appearing for the petitioner, Advocate KV Muthukumar argued that the state’s decision violated her fundamental rights as she previously did not avail of Tamil Nadu’s maternity benefit provisions.

Expanding the scope of maternity benefits, the Apex Court ruled that maternity leave would now be recognised as part of basic reproductive rights.

In 2017, the Apex Court had made significant amendments to the Maternity Benefit Act. It increased the maternity leave from 12 weeks to 26 weeks for all women employees and also entitled women choosing to adopt a child to 12 weeks of maternity leave.

The Apex Court had earlier stressed on the right to maternity leave in several cases. It had observed that maternity leave was the right of all women employees, regardless of the nature of their employment.