Maternity leave is a constitutional right, even for third child, rules Supreme Court

In a major ruling on women's workplace rights, the Supreme Court on Friday overturned a Madras High Court decision that denied maternity leave to a government school teacher for the birth of her third child. The top court said maternity leave is not just about fairness or social justice, but also a constitutional guarantee, a TOI report stated.

Maternity leave linked to dignity and justice

A bench of Justices Abhay S Oka and Ujjal Bhuyan observed that maternity leave plays a key role in supporting the health and dignity of working women. “Women now constitute a sizeable portion of the workforce, & must be treated with honour and dignity,” the bench said.

The judges explained that maternity leave helps women regain energy, nurse their child, and maintain work performance. The court stressed that pregnancy affects both the body and mind of a woman and that both motherhood and childhood need attention.

High Court order based on state policy rejected

The Madras High Court had earlier denied the teacher’s leave on the ground that Tamil Nadu government policy does not allow maternity leave for the birth of a third child, a move aimed at population control.

However, the Supreme Court ruled that the teacher was entitled to maternity leave because her third child was born during her second marriage.

Right to reproductive choice protected

The bench held that the Constitution protects a woman's right to make reproductive choices without interference. It added that access to reproductive healthcare is part of a woman’s dignity.

“The right of every woman to make reproductive choices without undue interference from the State is central to the idea of human dignity and deprivation of access to reproductive healthcare or emotional and physical wellbeing also injures the dignity of women,” the court said.

The ruling reaffirms the Supreme Court’s stand that policies must be aligned with constitutional rights when it comes to women’s health and workplace entitlements.