For years, maternity leave in India has mostly been talked about in the context of company policies or HR manuals. But a recent Supreme Court decision forces us to rethink how we view it — not just as a workplace benefit, but as a fundamental reproductive right for women.
The Reality Women Face
Women’s health is often side-lined — whether it’s inadequate research, biased treatment, or lack of support at work during and after pregnancy. Maternity leave, though a legal right, is still seen in many offices as a favour instead of a necessity.
Though laws like the Maternity Benefit Act exist, many working women still struggle to access what they’re legally entitled to. A recent Supreme Court ruling highlights these gaps and reinforces that state-level rules cannot override a woman’s fundamental rights.
The Case That Changed It All
K. Umadevi v. Government of Tamil Nadu
Umadevi, a government school teacher in Tamil Nadu, was denied maternity leave for her third child. The state cited a rule that limited maternity benefits to only two surviving children (under Rule 101(a) of the Tamil Nadu Service Rules).
Initially, the Madras High Court supported Umadevi, stating that the state’s policy clashed with the Maternity Benefit Act, 1961, a central law. But a division bench later overturned that decision, arguing the central law didn’t apply to state employees.
The matter went to the Supreme Court, which ruled in Umadevi’s favour. The Court firmly stated that maternity leave is an essential part of a woman’s reproductive rights, protected under human rights and constitutional principles. This verdict marks a significant step forward, especially for women employed in government roles.
Understanding India’s Maternity Leave Law
The Maternity Benefit Act, 1961 (amended in 2017) provides the framework for maternity leave in India:
• 26 weeks of paid leave for the first and second child
• 12 weeks for the third child onwards
• 8 weeks can be taken before delivery
• 6 weeks post-miscarriage or medical termination
• 12 weeks for mothers adopting a child under 3 months
However, the law excludes self-employed women and those working in companies with fewer than 10 employees.
Why Maternity Leave Is More Than Just Time Off
Maternity leave isn’t just about rest — it’s about retaining women in the workforce, ensuring they don’t have to choose between their career and motherhood.
Good maternity policies:
• Reduce dropouts from the workforce
• Promote gender equity at work
• Support smoother transitions back to work with flexible hours and childcare access
• Guarantee job security — employers cannot fire women while on maternity leave
But many women don’t claim their rights due to fear of job loss, lack of awareness, or confusion about eligibility due to conflicting state rules.
What Needs to Change
Maternity leave should not be treated as optional or negotiable. It’s a legal right, not a privilege.
Here’s what must happen:
• Raise awareness so women know their rights
• Hold employers accountable for enforcing policies fairly
• Train HR and management on legal compliance and sensitivity
• Update outdated state policies that contradict central law
At Lawmates, we believe that while laws matter, so does mindset. Maternity leave must be viewed as a standard workplace right, not something women have to fight for.
Let’s make sure every woman feels empowered to claim what’s rightfully hers — without resistance, confusion, or fear.