In a landmark decision, the Supreme Court has ruled that the denial of maternity leave to a woman government employee—on the ground that her newborn is a third child from her second marriage—violates her fundamental right to life and dignity under Article 21 of the Constitution.
A Bench comprising Justices Abhay S Oka and Ujjal Bhuyan held that maternity leave is an essential component of a woman’s reproductive rights, which are constitutionally protected. “The right of every woman to make reproductive choices without undue interference from the State is central to the idea of human dignity,” the Court stated.
The case involved a Tamil Nadu government school teacher who was denied maternity leave in 2021 for her first child from her second marriage. Authorities rejected her request under Rule 101(a) of the Tamil Nadu Fundamental Rules, which permits maternity leave only if a woman has fewer than two surviving children. However, the Court noted that her two earlier children remained with her ex-husband post-divorce and were born before she entered government service.
Rejecting the State’s argument that granting maternity leave in such a case would conflict with population control norms, the Court stressed that such policies must not override a woman’s dignity or reproductive autonomy.
“The object of having two-child norm… and the object of providing maternity benefit… are not mutually exclusive. The two must be harmonized in a purposive and rational manner,” the Court opined.
Quashing the earlier Division Bench decision of the Madras High Court, the apex court directed that maternity leave be granted under Rule 101(a), and all consequential benefits be released within two months.
Case: K. Umadevi vs Government of Tamil Nadu & Ors. – Available on LAWFYI.IO
