Women-Maternity-element: The Supreme Court has given a historic verdict, describing the maternity leave (maternity leave) as the fundamental right of women. The court clarified that no institution, whether government or private, can deprive any female employee of maternity leave. The decision came on the petition of Umadevi, a government female employee from Tamil Nadu. Those who were refused to give maternity leave for a child -born child.

What was the matter?

Umadevi, a government school teacher in Tamil Nadu, gave birth to a child after the second marriage. His department refused to give maternity leave citing the Tamil Nadu government’s rule. In which it has been said that maternity benefit is available only for the first two children. Umadevi had two children before her first marriage. On the basis of which his application was rejected. Umadevi filed a petition in the Supreme Court stating that he did not get the benefit of maternity leave during his first marriage as he started a government job only after the second marriage. His lawyer Kev Muthukumar argued in the court, “It is unjust to deprive maternity leave for a child born from a second marriage based on the children of the first marriage.”

Supreme Court verdict

Justice Abhay S. A bench of Oak and Justice Ujjal Bhuiyan, while hearing the case, termed maternity leave as the fundamental right of women. The court said ‘maternity leave is the right of every woman. It is an integral part of maternity facility regulations and part of the right to reproduction. The court challenged the Tamil Nadu government’s rule and clarified that in any case the woman employee cannot be denied this right even if she has children from her previous marriage. The court also added that maternity leave is not only necessary for the health and welfare of the mother but it is also important for the care of the newborn.

What does the law say?

The Supreme Court also highlighted the provisions of the Maternity Benefits Act 1961 in its judgment. After amending this Act in 2017, all women employees are provided a 26 -week maternity leave for the first and second child. Apart from this, the mother of the adopted child also gets 12 weeks holiday, which starts from the date of handing over to the child. The court said that this benefit is the right of every female employee whether their job is permanent or contract based on contract.

Supreme Court’s first stand

The Supreme Court has strongly supported the right to maternity leave in many cases earlier. In another case, the court had said, ‘Maternity leave is the right of all women employees, no matter what the nature of their jobs.’ This decision has played an important role in promoting equality and respect at the workplace of women.