The Supreme Court has recently ruled that maternity leave is a component of a woman’s reproductive rights and is integral to maternity benefit.
The maternity benefits were denied as per the Tamil Nadu’s service Fundamental Rule 101(a), which restricts maternity benefits to the first two surviving children.
The Supreme Court held that Article 21 of the Constitution includes the right to reproductive autonomy, and that maternity leave is a facet of this right.
Article 42 provides for just and humane conditions of work and maternity relief, and Article 51(c), which obliges the State to respect international law and treaty obligations.
The Maternity Leave Policy in India is defined under the Maternity Benefit Act of 1961 (revised in 2017).