The Madras High Court on Wednesday declared that a government order restricting maternity leave to 12 weeks for a third pregnancy is unjustifiable and contrary to established legal principles. A division bench comprising Justices R Suresh Kumar and N Senthilkumar stated, 'This kind of restriction made by the government is against the dictum of the Supreme Court as well as this court. The same cannot be approved by this court.'
The court emphasized that there is no justification for limiting the leave period to 12 weeks. 'Pregnancy, whether it is the first, second, or third, entails the same suffering, and the pre-delivery and post-delivery care required by a mother is identical in all cases. Therefore, no discrimination can be shown by the government in granting maternity benefits, especially maternity leave, for the third pregnancy to employees,' the bench observed.
The ruling came in response to a petition filed by Shayee Nisha, who challenged the rejection of her maternity leave application by the Principal District Judge of Villupuram. The court noted that the Tamil Nadu government has introduced several policy measures for the welfare of women, including new schemes for their upliftment. 'This deviation by the government, restricting maternity benefits to only 12 weeks, is not in consonance with the consistent policy of the state government nor with the law settled by the Supreme Court,' the bench added.
Consequently, the court set aside the order passed by the Principal District Judge, Villupuram. It directed the judge to consider the petitioner's application and sanction maternity leave equal to that granted for first and second pregnancies, disregarding the government order dated March 13. The court's decision reinforces the principle that maternity benefits should be uniformly applied regardless of the number of pregnancies, ensuring equal care and support for all mothers.
