Maternity Leave is Part of Reproductive Rights (K. Umadevi v. Government of Tamil Nadu): SC | Current Affairs | Vision IAS
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    Maternity Leave is Part of Reproductive Rights (K. Umadevi v. Government of Tamil Nadu): SC

    Posted 24 May 2025

    2 min read

    The Supreme Court (SC) ruled that maternity leave is an essential component of a woman’s reproductive rights, thereby reinforcing the constitutional and human rights of working women.

    • The Court set aside a Madras HC order that had denied maternity leave to a woman on the birth of her 3rd child, based on the State’s policy limiting benefits to women with only 2 children. 

    Key Highlights of Judgment 

    • Reproductive Rights: Maternity leave is an integral part of maternity benefits and forms a core aspect of a woman’s reproductive rights.
    • Constitutional Protection: A woman’s right to reproductive choices is protected under Article 21, as a part of personal liberty (Suchita Srivastava v. Chandigarh Administration case).
    • Human Rights: Reproductive rights are enshrined in the Universal Declaration of Human Rights (UDHR) & include the rights to health, privacy, dignity, and equality.
    • Social Justice: The maternity leave law is designed to uphold social justice by supporting women's dual roles as mothers and workers, ensuring they can lead an autonomous & dignified life.
      • While population control is a valid policy objective, it cannot override fundamental reproductive rights. A rational balance must be struck to serve the broader goals of justice, equity, and welfare.

    Maternity Benefit Act 

    • Maternity Benefit Act, 1961 (amended in 2017) provides for paid maternity leave and related benefits to women employees before and after childbirth.
    • Applicability Factories, mines, plantations, government establishments, shops & other workplaces with 10 or more employees.
      • Women covered under the Employees’ State Insurance Act, 1948, also receive maternity benefits.
    • Maternity Leave: 26 weeks of paid leave for women with less than two surviving children and 12 weeks for those with two or more children.
    • Tags :
    • Article 21
    • Maternity Benefit Act
    • Universal Declaration of Human Rights
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