SC says maternity leave vital part of woman’s reproductive rights, can’t be denied
Apex court judgement came while hearing a petition of a TN government teacher who said she was refused leave for her third childbirth
The Supreme Court has held that the right to maternity leave is an integral part of a woman’s maternity benefits and reproductive rights, and no institution can deprive her of it.
The court, according to a report in India Today, gave its judgment on Friday (May 23) while hearing a plea by a government teacher from Tamil Nadu who alleged that she was denied maternity leave after the birth of her third child from a second marriage.
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Why was leave refused?
In her petition, the woman told the court that she was refused leave because she already had two children from her first marriage.
Regulations in Tamil Nadu extend maternity benefits to women only for the first two children.
Petitioner's argument
The petitioner, however, said that she had not availed of any maternity benefits for her first two childbirths and that she joined government service only after her second marriage.
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Incidentally, the MK Stalin government in Tamil Nadu in April announced that maternity leave will be increased from the existing period of nine months to one year for women government employees.