Maternity leave - Right to maternity leave as a facet of reproductive rights and constitutional guarantees.

Employee had two children, remarried and conceived a third child from second marriage, Supreme Court held, that the maternity leave cannot be denied treating the child from second marriage as third child under population control norms.

Supreme Court Upheld Maternity Leave for Woman with Child from Second Marriage. This landmark judgment ensured maternity rights aren't overshadowed by population control norms. The Supreme Court provided a major boost to maternity rights by ruling in favor of K. Umadevi, who was denied maternity leave for conceiving a child from her second marriage. The apex court overturned the previous decision of the Division Bench of the Madras High Court, which had denied her maternity leave, treating her child from the second marriage as a third child under population control norms.

The case revolved around K. Umadevi, an English teacher employed by the Tamil Nadu government, who remarried after her divorce and conceived a child with her second husband. Her application for maternity leave was initially rejected based on Fundamental Rule 101(a), which restricts maternity leave to women with less than two surviving children. The High Court Division Bench had upheld this decision, emphasizing adherence to population control measures.

However, the Supreme Court bench comprising Justices Ujjal Bhuyan and Abhay S. Oka found that the rules were being applied too rigidly, failing to account for the circumstances of Umadevi's remarriage and the custody ar-rangement of her children from her first marriage. The court underscored the fundamental right to maternity leave under Article 21 of the Constitution, which protects life and personal liberty, including reproductive rights.

The judgment drew upon national and international legal frameworks, including the Maternity Benefit Act of 1961 and international conventions such as CEDAW and the Universal Declaration of Human Rights, to advocate for a purposive interpretation of maternity benefits. These frameworks emphasize the importance of granting maternity leave to ensure the dignity, health, and well-being of both mother and child.

While acknowledging the state's policy on population control, the Supreme Court clarified that this should not supersede the rights of women to maternity benefits, especially when the children from a previous marriage are not in the mother's custody. The court’s decision aims to harmonize population control objectives with the social imperative of supporting women's reproductive rights.

The ruling is expected to set a precedent for similar cases, providing clarity on how maternity leave entitlements should be interpreted in light of personal circumstances and ensuring that women are not penalized for having children in remarriages. The Supreme Court directed that maternity benefits be released to Umadevi within two months, reinforcing the judiciary’s commitment to upholding constitutional guarantees related to women's rights.

K. Umadevi v. Government of Tamil Nadu, (SC) : Law Finder Doc id # 2733991