Maternity benefits play a vital role in ensuring employment stability, protecting women’s financial independence, and providing necessary support during pregnancy and early motherhood. In India, the Maternity Benefit Act of 1961 guarantees paid maternity leave to eligible female employees. This leave, which can be utilized before and after delivery, is essential for the health and safety of both the mother and the newborn. Employers are legally required to grant maternity leave, allowing women to balance their professional responsibilities without compromising motherhood.
Recently, the Supreme Court elevated the status of maternity leave by recognizing it as a constitutional right, making it an integral part of a woman’s dignity and right to equality. The Court ruled that this right applies even in the case of a third child, thereby removing limitations in earlier service regulations that had restricted such benefits to only two children, especially affecting women in public sector and government roles.
Before exploring the details of the Supreme Court’s ruling, it’s important to track how maternity benefits have developed over time in India.
| Year | Event/Amendment |
| 1961 | The Maternity Benefit Act was introduced, offering 12 weeks of paid maternity leave to qualifying female employees. |
| 2008 | The medical bonus linked to maternity benefits was raised from ₹1,000 to ₹2,500. |
| 2011 | The bonus amount was further increased to ₹3,500. |
| 2017 | The Act was revised to provide 26 weeks of leave for the first two children and 12 weeks for the third child onwards. It also extended 12 weeks of leave to adoptive and commissioning mothers, and introduced provisions for crèche facilities and work-from-home. |
| 2009 | In Suchita Srivastava v. Chandigarh Administration, the Supreme Court affirmed that reproductive rights form part of the personal liberty protected under Article 21. |
| 2022 | In Deepika Singh v. CAT, the Court clarified that maternity leave and child care leave are separate rights, and having stepchildren should not disqualify a woman from claiming maternity leave for her biological child. |
| 2025 | In the case of K. Umadevi v. State of Tamil Nadu, the Supreme Court recognized maternity leave as a constitutional right protected under Article 21 of the Indian Constitution. |
- K. Umadevi, a government school teacher in Tamil Nadu, remarried following a divorce and gave birth to her third child in 2021. Although she already had two surviving children from her previous marriage, she submitted a request for maternity leave.
- The state authorities denied her request, citing Fundamental Rule (FR) 101(a), which limits maternity leave for Tamil Nadu government employees to those with fewer than two surviving children.
- Feeling wronged by this decision, Umadevi approached the High Court. A single judge ruled in her favor, directing the state government to grant her maternity leave.
- However, the Tamil Nadu government challenged this ruling before a division bench of the High Court, which overturned the earlier judgment.
Supreme Court’s Interpretation of Maternity Leave Policy as a Fundamental Right:
The Supreme Court upheld that maternity leave is a fundamental constitutional right under Article 21, emphasizing its deep connection to a woman’s dignity, health, reproductive autonomy, and privacy. The Court clarified that there should be no restriction on the number of children for availing maternity benefits only the duration differs: 26 weeks for the first two children and 12 weeks for any subsequent births.
It also cited Section 27 of the Maternity Benefit Act, which holds precedence over any conflicting provisions in other laws or regulations.
Furthermore, the Court referenced key international agreements—including the Universal Declaration of Human Rights (UDHR), the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), the International Covenant on Economic, Social and Cultural Rights, and the ILO’s Maternity Protection Convention of 2000. These instruments collectively recognize a wide range of reproductive rights, including maternity-related entitlements.
By aligning its interpretation with global human rights frameworks, the Court reinforced that maternity leave is not just a workplace policy but a critical component of personal liberty and reproductive rights.
Applicable Laws Supporting Maternity Leave in India as a Constitutional Right:
- Article 21 – States that no person shall be deprived of their life or personal liberty except according to the procedure established by law. This forms the constitutional basis for recognising maternity leave as a fundamental right.
- Article 15(3) – Allows the State to make special provisions for women and children, thereby supporting gender-specific benefits like maternity leave.
- Article 42 – Directs the State to ensure fair and humane working conditions and to provide for maternity relief.
- Section 5(3) of the Maternity Benefit Act – Specifies that a woman is entitled to a maximum of 26 weeks of maternity benefit, with no more than 8 weeks taken before the expected date of delivery. For women with two or more surviving children, the entitlement is limited to 12 weeks, with a maximum of 6 weeks before childbirth.
Difference between a legal right and a constitutional right
| Subject | Legal Right | Constitutional Right |
| Source | Established through laws passed by the legislature (e.g., Maternity Benefit Act, Consumer Protection Act). | Originates directly from the Constitution of India, especially the Fundamental Rights listed in Part III. |
| Amendment | Can be changed, limited, or repealed by the legislature through standard legal procedures. | Holds a superior status; cannot be easily altered or revoked by regular legislation. |
| Enforcement | Enforced via civil or criminal courts, depending on the provisions of the law. | Can be enforced through constitutional remedies such as writs under Articles 32 or 226. |
| Example | The right to maternity leave as provided under the Maternity Benefit Act before the Supreme Court’s decision. | Rights like privacy and equality, and now, as ruled by the Supreme Court, maternity leave under Article 21. |
Implications of the Supreme Court’s Judgment
With the Supreme Court recognising maternity leave as a constitutional right, employers are now legally obligated to treat it as a compulsory and non-negotiable entitlement. Any attempt to deny, restrict, or discriminate against women for availing this leave would now constitute a violation of constitutional rights. This necessitates an immediate revision of HR policies, including the removal of conditions based on the number of children or type of employment.
Refusing maternity leave is no longer just a breach of statutory law; it amounts to a constitutional infringement. Affected women now have the option to directly approach the High Courts or the Supreme Court through writ petitions under Articles 226 or 32. However, some uncertainty remains around whether the writ route can bypass the standard redressal mechanism provided under the Maternity Benefit Act.
Although the current law applies to establishments with more than 10 employees, recognizing maternity leave as a constitutional right means it should now extend to all organizations, regardless of their size. Furthermore, administrative rules or government policies such as two-child restrictions or limitations based on contractual status cannot override this constitutional protection.
Importantly, the Supreme Court has made it clear that population control regulations cannot be used as grounds to deny maternity benefits. The ruling ensures that this right applies uniformly across both public and private sectors and regardless of how many children a woman has.
This landmark decision could also spark broader reforms, such as introducing paternity leave, creating social insurance schemes to support maternity benefits, and enhancing legal safeguards for working parents in India.
