Maternity Leave Is Now A Constitutional Right

On 23rd May 2025, the Supreme Court of India, in a historic judgment, declared that maternity leave is a constitutional right. The court held that the government cannot deny maternity leave based on the number of children, reinforcing women’s reproductive rights and aligning state policies with constitutional and international standards. The judgment was delivered in K. UMADEVI VS. GOVERNMENT OF TAMIL NADU & ORS.

Facts:

K. Umadevi was a government teacher in Tamil Nadu.

She was married to her first husband and took the benefit of maternal leave for both pregnancies. Later, as she got divorced, her husband got custody of the children.

Later, she remarried her second husband, and they conceived a child. When Umadevi asked for maternal leave of 9 months for her 3rd child, the government declined.

The government stated that, according to the Fundamental Rules (FR) 101(a), which applies to the state employees of Tamil Nadu, maternity leave is available to women state government employees having less than two surviving children.

Aggrieved, she filed a petition in the high court. The single bench of the High Court stated that she is entitled to maternity leave and ordered the state government to do the same.

The government of Tamil Nadu filed an appeal before a division bench of the High Court. The division bench reversed the single bench’s judgment.

Arguments:

Appellants—

The appellants (K. Umadevi) argued that since her previous two children were in the custody of her first husband. The child with her second husband cannot be said to be her third child. It is the couple’s first child.

Furthermore, the right to have maternity leave is a facet of the reproductive rights of a woman, which is traceable to Article 21 of the Constitution of India, which states, “No person shall be deprived of his life or personal liberty except according to procedure established by law.”

Respondents—

The respondents argued that though the maternity leave is established for the benefit of the employees. Any deviation from allowing maternity benefits for more than 2 children will cause financial and management problems for the government.

They further added that providing maternity leave for two children is also in line with the government of India’s efforts for population control. To extend those benefits for more than 2 children will not be in line with the government’s efforts for small family norms.

Judgment—

The Hon’ble court noted that the central act of the Maternity Benefit Act, 1961, and the state’s rules are in contravention. The central act does not put any such bar, but the state does.

Article 21 of the Indian Constitution talks about the right to life, while the Constitution also states Article 24 of the DPSP, which is:-

“Provision for just and humane conditions of work and maternity relief. – The State shall make provision for securing just and humane conditions of work and for maternity relief.”

and then there is rule 101 (a) of the FR which states –

“Permanent and non-permanent married women government servants (appointed regularly) are eligible for up to 365 days of full-pay maternity leave, which can be taken before or after delivery. Those joining after delivery receive leave for the remaining period. Non-permanent women under emergency appointments must use earned leave first, but if insufficient, maternity leave up to 365 days may be granted after one year of continuous service. Maternity leave is allowed only if the woman has less than two surviving children, except when twins are born in the first delivery, permitting leave for one more delivery.“

It can be noted from the above-stated FR that there is a ceiling for the maternity leave in the state act, but there is no such bar in the central act.

The central act stated that a woman employee is entitled to maternity leave for 26 weeks for her first two children and 12 weeks thereafter.

The central act’s section 27 also states that any law inconsistent with the act shall be overridden.

The court also cited the Universal Declaration of Human Rights, of which Article 25(2) states that

“Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.”

Furthermore, the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) was also referred to. CEDAW constituted the culmination of more than 30 years of work by the United Nations Commission on the Status of Women. Article 11(2) states that, to prevent discrimination against women on the grounds of marriage or maternity and to ensure their effective right to work, the states shall take appropriate measures. And clause b of the same makes it obligatory for all the signatories to implement them. India is a signatory to the same and has ratified it.

A Maternity Protection Convention was held on 30th May, 2000, at Geneva under the aegis of the International Labor Organization. The convention held that maternity benefits for women are important for an equal playing field.

Keeping in mind above all, the court concluded that a woman’s entitlement to maternity leave for her first biological child from her current marriage is not affected by her spouse having two children from a previous marriage or by her having children from a prior marriage, especially if those children are not in her custody. The objectives of population control and maternity benefits must be balanced sensibly.

The concept of maternity leave is a matter of not just fair play and social justice, but is also a constitutional guarantee to the women employees of this country, towards the fulfillment whereof the State is bound to act.

Corram:

Justice Abhay S. Oka

Justice Ujjal Bhuyan