Supreme Court Upholds Maternity Leave Rights for Third Child, Held it is a Constitutional Right

The Supreme Court set aside a Madras High Court order denying maternity leave to a woman government employee for her third child.

The Court emphasized that maternity benefits are part of reproductive rights protected under Articles 14, 15, 21, and 42 of the Constitution

The Court held that the Maternity Benefit Act, 1961, particularly Sections 5 and 27, overrides conflicting service rules, and the two-child norm must be harmonized with reproductive rights.

The court ruled that the leave entitlement cannot be denied based on past children from a previous marriage, especially when the current child is her first post-service and in her custody.