NEW DELHI: The Supreme Court on Friday ruled that maternity leave is not merely a welfare provision but a constitutional entitlement rooted in social justice and human dignity. The apex court set aside a Madras High Court order that had denied maternity leave to a government school teacher on the grounds that her third child was not eligible under state policy.
A bench comprising Justices Abhay S Oka and Ujjal Bhuyan emphasized that maternity leave serves a broader objective—it safeguards the physical and emotional well-being of a woman, supports her in caring for her newborn, and ensures she can return to work without loss of efficiency.
“Maternity leave is meant to secure social justice for working women. It allows them time to recover physically, nurse their child, and retain their productivity as part of the workforce,” the bench observed. The court stressed that women make up a significant and growing portion of the workforce and must be treated with “honour and dignity.”
The High Court had earlier cited a Tamil Nadu government policy that disallows maternity leave for the birth of a third child, arguing it was a population control measure. The Supreme Court, however, ruled this reasoning unconstitutional, especially in light of the circumstances—this was the teacher’s third child but her second from a second marriage.
“The right of a woman to make reproductive choices without excessive state interference is central to her dignity,” the bench stated. “Denying her access to maternity leave, and thereby to proper reproductive and postnatal healthcare, undermines both her physical and emotional well-being.”
The judgment marks a significant step in reaffirming women’s rights in the workplace and could have far-reaching implications for employment policies across both public and private sectors in India.
