Supreme Court Upholds Maternity Leave as a Constitutional Right

New Delhi, May 28, 2025: In a landmark judgement, the Supreme Court of India on Tuesday ruled that maternity leave is a constitutional right, effectively overturning a Tamil Nadu policy that denied leave to a government school teacher for her third child. The verdict, delivered by a bench comprising Justices Abhay S. Oka and Ujjal Bhuyan, declared that the denial of maternity leave on the basis of the number of children violates a woman’s fundamental rights.

The case arose after the teacher, who was employed by the Tamil Nadu government, was refused maternity leave due to a state regulation that restricts such benefits to women with no more than two children. The Madras High Court had previously upheld the policy, but the Supreme Court reversed that decision, reaffirming a woman's right to make reproductive choices free from State interference.

“The right of every woman to make reproductive choices without undue interference from the State is central to the idea of human dignity,” the bench stated, emphasising that such rights are protected under the Constitution.

The court further noted that maternity leave is vital not only for the physical recovery of the mother but also for the care of the newborn and, most importantly, for safeguarding the honour, health, and dignity of working women.

The Supreme Court's verdict ensures that working mothers across India, regardless of the number of children, can now claim maternity leave as a legal right. The judgement reinforces that motherhood should not be in conflict with employment and that policies must support women in balancing both roles.

Legal experts and women’s rights activists have hailed the ruling as a transformative step for working mothers. The decision sets a precedent for ensuring that policies rooted in population control do not undermine constitutional guarantees for working women.

The ruling is expected to have wide-ranging implications for employment laws and maternity benefits across India.

Source: The Better India

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