The Supreme Court on Friday ruled that maternity leave is an integral part of maternity benefits and an important part of women's reproductive rights. A bench of Justice Abhay S Oka and Justice Ujjal Bhuiyan further said that no institution can deprive a woman of the right to maternity leave.

Government teacher did not get leave

This historic order came on a petition filed by a woman government teacher from Tamil Nadu, who was denied maternity leave after the birth of a child from her second marriage. In her petition, the woman said that she was not granted maternity leave on the ground that she has two children from her first marriage. The rule in Tamil Nadu is that maternity benefits are available only for the first two children.

Violation of fundamental rights of women

The petitioner said she had not availed any maternity leave or benefits for her two children from her first marriage. The woman also claimed that she joined government service only after her second marriage. Advocate KV Muthukumar, representing the petitioner, said the state's decision violated her fundamental rights as she had not availed of Tamil Nadu's maternity benefit provisions earlier.

Extended maternity leave

Failing in favour of the petitioner, the Supreme Court expanded the scope of maternity benefits, saying that maternity leave will now be recognised as part of basic reproductive rights. In 2017, significant amendments were made to the Maternity Benefit Act on the orders of the Supreme Court. Maternity leave for all female employees was increased from 12 weeks to 26 weeks. Women who choose to adopt a child are also entitled to 12 weeks of maternity leave.

PC: Nari