Supreme Court Upholds Right to Maternity Leave for All Women, Regardless of Marital History

The judgement came in response to a petition filed by a government school teacher from Tamil Nadu, who was denied maternity leave after giving birth to a child from her second marriage.

New Delhi: The Supreme Court of India on Friday delivered a significant verdict affirming that maternity leave is a fundamental right for every woman, regardless of whether she works in a government or private institution. The apex court ruled that no organisation can deny maternity benefits, including leave, which form an essential and inseparable part of a woman’s right to motherhood.

The judgement came in response to a petition filed by a government school teacher from Tamil Nadu, who was denied maternity leave after giving birth to a child from her second marriage. The state government rejected her application on the grounds that she already had two children from her first marriage and, as per Tamil Nadu government rules, maternity leave benefits are only available for the first two children.

However, the teacher argued that she did not avail maternity leave or related benefits for her first two children, as she joined government service only after her second marriage. Her legal counsel contended that the Tamil Nadu government’s denial of leave was a violation of her fundamental rights.

SC Emphasises Inclusive Maternity Rights

The Supreme Court, in its observations, stated that maternity benefits, especially leave, are not a privilege but a right enshrined in law, and denying such benefits on technical grounds is unjust. The bench highlighted that maternity leave is an integral part of the set of benefits meant to support working mothers, and must be granted regardless of marital history or prior childbirth, particularly when no benefits were previously claimed.

Tamil Nadu Government's Reforms

Ironically, the verdict comes shortly after the Tamil Nadu government expanded maternity benefits for female employees. In a progressive move, the state increased maternity leave from nine months to one year, and extended this benefit to women even during their probation period, which was earlier excluded.

The move is seen as part of a series of employee-friendly initiatives ahead of the upcoming state elections. The government also announced an increase in marriage advance and other welfare schemes, indicating a clear push to strengthen public support, especially among government employees.

Broader Implications

Legal experts believe the Supreme Court's ruling could have far-reaching implications across India, especially in challenging discriminatory clauses in employment rules that restrict maternity benefits based on personal circumstances. It sets a precedent reinforcing the principle that state policies must not override constitutional rights, especially those related to equality, dignity, and maternal health.

The judgement is being hailed as a victory for working women and a landmark step towards inclusive labour rights, reaffirming that motherhood, in any form, must be respected and supported by institutions across the board.