In a landmark ruling that echoes deep empathy for working mothers, the Supreme Court of India has reaffirmed that maternity leave is not merely a statutory privilege, but a vital component of reproductive rights. The judgment comes as a powerful relief for a Tamil Nadu government school teacher whose plea for maternity leave for her third child was previously denied under the state’s two-child policy.
The teacher, who had two children from her first marriage, had remarried in 2018 and sought maternity leave for the birth of her first child in the new union—also her first child post joining government service. Her earlier request had been rejected, pushing her to knock on the doors of justice. The Madras High Court’s single judge had ruled in her favor, but the division bench later overturned that decision, asserting that she was not eligible due to the two-child norm in state policy.
Taking a compassionate and rights-based approach, the Supreme Court bench comprising Justice Abhay Oka and Justice Ujjal Bhuyan set aside the division bench’s ruling. They emphasized that reproductive rights encompass the right to maternity leave and that such benefits are essential to the dignity, privacy, and equality of women.
The Court was careful to point out that while population control is a legitimate state objective, it cannot come at the cost of denying a woman the fundamental rights guaranteed under the Constitution. They urged that the two goals—population control and maternity welfare—must be pursued in harmony, not in conflict.
The bench also addressed the unique circumstances of the case, noting that the woman had not availed maternity benefits for her earlier children, who were born before she joined service and are now in the custody of her former husband. Therefore, denying her maternity leave for her current child would be unjust and unreasonable.
This decision reasserts the overriding nature of the Maternity Benefit Act, 1961, which the Court held applies regardless of state-imposed norms or service rules. It also recognizes that every woman, regardless of her marital history or number of children, deserves the right to recover and bond with her newborn—rights that are closely tied to her physical and emotional well-being.
By acknowledging maternity leave as a fundamental part of reproductive rights, the Supreme Court has not only delivered justice in an individual case but also set a precedent that champions compassion and gender justice. The verdict is a much-needed step toward making workplaces more inclusive and supportive for women, especially those who bear the weight of legal and social expectations while navigating motherhood and careers.