The Madras High Court on Wednesday declared that a Tamil Nadu government order restricting maternity leave for a third pregnancy to just 12 weeks is unjustifiable and contrary to the law established by the Supreme Court.
Court's Decision
A division bench comprising Justice R Suresh Kumar and Justice N Senthilkumar set aside the orders of the principal district judge of Villupuram dated March 27, 2026, and the Motor Accidents Claims Tribunal, Villupuram. The lower court had rejected the petitioner's request for maternity leave from February 2, 2026, to February 1, 2027, and the tribunal had directed her to rejoin duty on April 27, 2026.
Key Observations
The bench observed: "This kind of restriction is against the dictum of the Supreme Court as well as this court. The same cannot be approved by this court... In pregnancy, whether first, second or third, the suffering would be the same and the pre-delivery as well as the post-delivery care that a mother needs to take is same."
The court further stated that no discrimination could be shown by the government in approving maternity benefits, especially maternity leave for the third pregnancy, to employees. The ruling emphasizes that all pregnancies deserve equal treatment and protection under the law.
Implications
This judgment reinforces the principle that maternity benefits cannot be curtailed based on the number of pregnancies. It aligns with the Supreme Court's stance on protecting women's rights in the workplace and ensuring adequate care for mothers and newborns.
