SC Upholds Maternity Leave for Third Child
In News
What Happened
Why It Matters
Background
History & Context
What Changed
- ▶
BEFORE: Maternity leave for Tamil Nadu government employees was strictly limited to the first two surviving children under state service rules. NOW: State rules cannot absolutely deny maternity leave for a third child, as courts have recognized it as a fundamental reproductive right.
- ▶
BEFORE: Population control norms in government service rules often took precedence over individual maternity benefit claims. NOW: The Supreme Court mandated a harmonious interpretation, prioritizing maternal health and reproductive autonomy over rigid two-child restrictions.
- ▶
BEFORE: State employment rules could legally deny benefits for third pregnancies despite central laws offering limited leave. NOW: The ruling reinforces that state service rules must align with constitutional protections of equality and dignity, preventing arbitrary denial of benefits.
Prelims Angle
NCERT Connection
Practice Questions
Q1
Correct Statement(s)Which of the following statements is/are correct regarding the legal framework of maternity benefits in India? 1. The Maternity Benefit (Amendment) Act, 2017, provides 26 weeks of paid maternity leave for the first two children and 12 weeks for a third child. 2. The Supreme Court ruled in 2025 that state service rules can absolutely deny maternity leave for a third child to promote population control.