Court Affirms Maternity Leave as a Fundamental Right

Tamil Nadu Case Sets Precedent for Women’s Workplace Equity

A landmark ruling from India’s Supreme Court has solidified maternity leave as a fundamental right for all women, rejecting arguments that it’s merely a benefit. The decision stems from a case involving a teacher in Tamil Nadu and challenges the state’s restrictive two-child policy.

The Case of K. Umadevi

K. Umadevi, an English teacher, was denied maternity leave by a government school in Tamil Nadu despite having previously been granted a single-judge ruling in her favor. The school cited the state’s two-child norm policy, which limits maternity benefits to women with fewer than two surviving children. Umadevi had two children from a previous marriage, but her ex-husband had custody of them. Her pregnancy was with her first child with her current husband.

Initially, the Madras High Court sided with Umadevi, granting her a year of maternity leave, referencing Section 5 of the Maternity Benefit Act, 1961. However, the Tamil Nadu state government appealed, arguing that maternity leave was not a fundamental right but a benefit, and upholding the two-child policy.

Supreme Court Ruling: A Victory for Women’s Rights

On May 23, 2025, the Supreme Court overturned the state government’s appeal, declaring that maternity leave is indeed a fundamental right protected under Articles 21 and 42 of the Constitution. The Court emphasized that denying maternity leave infringes upon a woman’s dignity. “Maternity leave is not a ‘benefit’, and denying it goes against women’s dignity.”

The Court also acknowledged India’s commitment to the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which underscores the importance of maternity benefits for women’s equality, health, and non-discrimination. According to a 2024 report by the International Labour Organization, only 55% of women globally have access to paid maternity leave, highlighting the ongoing struggle for universal maternity rights. (ILO, 2024)

The Impact of Pregnancy and Postpartum Recovery

Pregnancy and childbirth are physically and emotionally demanding. The Court’s ruling recognizes the significant toll these processes take on a woman’s health. Birth trauma, postpartum recovery, and the potential for conditions like postpartum depression are all factors that necessitate adequate leave and support.

“Maternity benefits go beyond simply maternity leave as per the Maternity Benefit Act, 1961. They include job security during the leave with 100% salary entitlement, prenatal and postnatal care, along with a work-from-home option if available.”

—FII

Implementation Gaps and Intersectional Challenges

While the Supreme Court’s ruling is a significant step forward, challenges remain in ensuring that all women can access maternity benefits. The Maternity Benefit Act, 1961, provides for 26 weeks of leave, but these benefits are often limited to those employed in firms with 10 or more employees, excluding over 85% of women working in smaller organizations. Furthermore, women in informal sectors and marginalized communities often lack awareness of their rights and access to legal aid.

The Act also requires 80 days of work in the preceding year to qualify, creating barriers for contract workers or those newly employed. Additionally, adoptive mothers receive only 12 weeks of leave, and there’s a lack of clarity regarding benefits for same-sex couples.

The Need for Paternity Leave and Shared Responsibility

The ruling underscores that caregiving is not solely a woman’s responsibility. Studies demonstrate that active father involvement positively impacts child development. However, India currently offers only 15 days of paid paternity leave, significantly less than many other nations.

The Supreme Court’s decision in Umadevi’s case is a crucial affirmation of women’s rights and dignity. It sets a precedent for a more equitable and supportive workplace, but continued efforts are needed to address implementation gaps and promote shared responsibility in caregiving.