Right to maternity leave is part of right to life: Supreme Court

The Supreme Court overturned a Madras High Court decision that denied maternity leave to a Tamil Nadu government school teacher for the birth of her third child, which was from her second marriage. The High Court had relied on a state policy restricting maternity leave to two children, citing population control goals.

Supreme Court’s Key Observations

• Maternity leave is a fundamental right under Article 21 of the Constitution (Right to Life and Personal Liberty).
• It is a facet of reproductive rights, which include:
  • Right to make reproductive choices
  • Access to reproductive healthcare
  • Dignity and well-being of mother and child
• Denial of maternity leave on the basis of the number of children or marital history is unconstitutional.

Rationale Behind the Ruling

• Pregnancy affects a woman’s physical and mental health.
• Maternity leave:
  • Aids recovery and energy restoration.
  • Enables childcare and nursing.
  • Supports performance and dignity at work.
• The court emphasized that both motherhood and childhood need attention and care.

Legal Framework on Maternity Benefits

Maternity Benefit Act, 1961 (Amended in 2017)

• Applies to:
  • Factories, mines, plantations with 10+ employees
  • Women workers covered under ESI Act, 1948
• Key Provisions:
  • 26 weeks of paid maternity leave (increased from 12 weeks)
    • Max 8 weeks before expected delivery
  • Work-from-home provision under mutual agreement (Section 5(5))

Code on Social Security, 2020

• Subsumes the Maternity Benefit Act.
• Aims to consolidate and streamline social security laws.