Current Context: Supreme Court delivered a landmark judgment in the case of K. Umadevi v. Government of Tamil Nadu, affirming that maternity leave is an essential component of a woman’s reproductive rights, thereby reinforcing the constitutional and human rights of working women.
About:
Background of the Case:
- The petitioner, a government school teacher in Tamil Nadu, was denied maternity leave for her third child, citing the state’s policy limiting benefits to women with only two children.
- The Madras High Court’s Division Bench upheld this denial, leading to an appeal in the Supreme Court.
Supreme Court’s Ruling:
- The Supreme Court set aside the High Court’s decision, stating that maternity leave is not merely a matter of social justice or fairness but a fundamental right tied to human dignity and constitutional protections.
- The Court emphasized that reproductive rights are integral to personal liberty under Article 21 of the Constitution and cannot be overridden by state policies aimed at population control.
Constitutional and Human Rights Implications:
- The judgment reinforces a woman’s right to reproductive choice, linking it to the right to health, privacy, dignity, and equality.
- It underscores the government’s duty to ensure gender justice and workplace equality, aligning with international human rights standards.
Key Provisions:
Maternity Leave:
- 26 weeks of paid leave for women with less than two surviving children.
- 12 weeks for women with two or more children.
Adoptive and Commissioning Mothers:
- 12 weeks of maternity leave for women who adopt a child below the age of three months and for commissioning mothers (biological mothers who use surrogacy).
Crèche Facility:
- Mandatory for establishments with 50 or more employees to provide a crèche facility within a prescribed distance.
- Work from Home: Provision for work-from-home options post maternity leave, based on mutual agreement between employer and employee.