The Supreme Court on Friday declared that maternity leave is a basic right for women and an important part of their reproductive rights. The court said no institution can deny a woman her right to maternity leave.This important decision came after a woman government school teacher from Tamil Nadu was refused maternity leave following the birth of her child from her second marriage. The woman had two children from her first marriage, and under Tamil Nadu’s rules, maternity benefits are allowed only for the first two children.

In her petition, the woman said she never took maternity leave for her two children from her first marriage and joined government service only after her second marriage. She asked for leave after having a child in this new marriage.Her lawyer, KV Muthukumar, argued that denying her leave was unfair and violated her basic rights, especially since she hadn't used the benefit earlier.The Supreme Court agreed and ruled that maternity leave is a key part of a woman's rights and no one can take it away from her.

Maternity leave right in India

In India, maternity leave is governed by the Maternity Benefit Act, of 1961, which protects the rights of working women during pregnancy and after childbirth. The Act provides 26 weeks of paid maternity leave for a woman’s first and second child, with up to 8 weeks allowed before the expected delivery date and the remaining after childbirth. For the third child and beyond, the leave is reduced to 12 weeks, with up to 6 weeks before delivery.

In cases of miscarriage or medical termination of pregnancy, the Act allows for 6 weeks of leave from the date of the incident. Adoptive mothers who adopt a child below the age of three months are entitled to 12 weeks of leave starting from the date of adoption. To be eligible for these benefits, a woman must have worked for at least 80 days in the 12 months preceding her expected delivery date. This legislation ensures that women can care for their health and their newborns without the fear of losing their income or job security.