In a landmark decision, the Supreme Court of India has declared that maternity leave is a constitutional right for women and cannot be denied under any circumstances. The apex court emphasized that this is not just a matter of policy or social justice but a guaranteed right under the Constitution.
The ruling came as the Supreme Court overturned a Madras High Court decision, which had denied maternity leave to a government school teacher on the birth of her third child.
The bench comprising Justice Abhay S. Oka and Justice Ujjal Bhuyan stated that the purpose of maternity leave is to ensure social justice for women. It not only helps them recover physically and emotionally but also allows them to care for their newborn, maintain their professional capabilities, and return to work with full efficiency.
In its judgment, the Court observed,
“Women are now an integral part of the workforce and have the right to work with dignity and respect.” It added that pregnancy has a significant impact on a woman’s physical and mental health, and care during this period extends beyond maternity to early childhood as well.
What the High Court Had Ruled
The Madras High Court had earlier upheld a state government policy that denied maternity leave for the birth of more than two children, citing population control as the rationale. However, the Supreme Court rejected this argument, noting that in this particular case, the third child was born from the woman’s second marriage.
The apex court firmly stated, “Every woman has the right to make reproductive choices without unjust interference from the state. Denial of reproductive health services or ignoring a woman’s physical and mental well-being is a violation of her dignity.”
This verdict is being seen as a major victory for women’s rights and is expected to benefit millions of working women across the country. With this decision, even women having a third child will be eligible for maternity leave, offering crucial support, especially to those employed in government jobs.
