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

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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.
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