‘No Discrimination in Maternity Benefits for Third Pregnancy’: Madras High Court

The Madras High Court recently held that the Government cannot discriminate while granting maternity benefits merely because the pregnancy is the third child.

The Court set aside a Tamil Nadu Government Order that restricted maternity leave for third pregnancies to only 12 weeks.

A Division Bench observed that the physical pain, emotional stress and medical requirements associated with pregnancy remain the same irrespective of the number of children.

Holding such differential treatment to be arbitrary, the Court directed authorities to extend the same maternity benefits available for first and second pregnancies to women employees undergoing a third pregnancy as well.

[Shayee Nisha v. The Registrar General, High Court of Madras, Chennai]