In a significant and progressive ruling, the Hon’ble Supreme Court of India has held that a woman cannot be denied maternity leave merely because she is availing it for her third child. The decision reaffirms the constitutional values of gender equality and the protection of motherhood, as enshrined in Articles 14, 15(3), and 42 of the Constitution of India.
Background:
The petitioner, a government employee, was denied maternity leave under the Central Civil Services (Leave) Rules, 1972, which restricts maternity benefits to only the first two surviving children. Aggrieved by the denial, she approached the apex court, contending that such a denial violates her fundamental rights and ignores the biological and social realities of motherhood.
🏛️ Supreme Court’s Observations:
The Bench observed that maternity leave is not a privilege, but a fundamental aspect of the right to life under Article 21, encompassing the rights to dignity and reproductive autonomy. It further noted that:
– The denial of leave purely due to the “number of children” amounts to indirect discrimination, disproportionately affecting women in the workforce.
– The State must act as a model employer, upholding not just procedural rules but also substantive justice and constitutional morality.
– The health, well-being, and early development of the child and the mother cannot be compromised by numerical caps in rules that were never intended to override basic human dignity.
The Verdict:
The Court granted the petitioner maternity leave, setting aside the arbitrary denial, and reiterated the state’s duty to create an enabling environment for working mothers, regardless of the number of children.
Why It Matters:
The judgment is a watershed moment for gender-sensitive jurisprudence in India. It sends a powerful message that laws must evolve to meet the lived experiences of women, and that bureaucratic rigidity must give way to constitutional compassion.
After all, we need to realise that “motherhood is not a liability—it is a natural right that deserves respect, not regulation.”
Maternity Leave Granted Despite Third Child – A Progressive Step in Gender Justice
