Maternity Leave as Constitutional Right: SC Verdict 2025 & India’s Reproductive Justice Journey

The Evolution of Maternity Rights in India
1. Pre-Independence Beginnings (1929-1947)
The Bombay Maternity Benefit Act (1929) was India’s first law addressing maternity leave, introduced after women textile workers demanded protections.
Leaders like Dr. B.R. Ambedkar, N.M. Joshi, and Shanta Bai Dixit pushed for reforms, leading to provincial laws in Madras, UP, and Bengal.
Employers resisted, fearing financial losses, but activism ensured basic protections for factory workers.

2. Post-Independence Reforms (1961-2017)
Maternity Benefit Act, 1961: Formalized 12 weeks of paid leave for women in organized sectors.
2017 Amendment: Extended leave to 26 weeks, mandated creches in firms with 50+ employees, and included adoptive mothers.
Despite progress, 90% of women in the informal sector remained excluded.

3. The 2025 SC Verdict: A Constitutional Right
The Supreme Court ruled that denying maternity leave violates reproductive rights under Article 21 (Right to Life).
Overruled a High Court decision that denied benefits for a third child, calling it “discriminatory and unconstitutional.”
Recognized maternity protection as essential for gender equality in the workforce.

Why India’s Maternity Leave System Still Fails Women
Key Challenges Across Sectors
Informal Sector (90% Women Workers):
No legal coverage → 0% access to paid leave.
Forces women to hide pregnancies, risking health complications.
Private Sector Issues:
48% of women quit jobs post-childbirth (Oxfam) due to lack of creches or flexible policies.
Many firms ignore the 26-week rule, pressuring women to return early.
Contract Workers:
Despite Delhi HC’s 2023 ruling against denying benefits, enforcement remains weak.

Root Causes of Poor Implementation
Employer Bias: 98% of the gender employment gap is due to discrimination (Oxfam 2022).
Weak Enforcement: Single-woman committees lack authority to penalize violators.
Awareness Gap: 72% of women don’t know about the 26-week entitlement (PLFS 2023).


Economic & Social Consequences of Exclusion
Social Fallout
Pregnancy concealment → Higher maternal & infant mortality rates.
Forced career breaks → Deepens gender pay gap and financial dependence.
Economic Costs
₹3.1 lakh crore GDP loss annually (World Bank) due to women leaving jobs.
12 million women exit workforce yearly post-childbirth, worsening skill shortages.


Global Best Practices: What India Can Learn
Successful Models Worldwide
✅ Sweden & Norway: 480 days of shared parental leave (80% pay).
✅ Germany: 14 months at 65% pay, with incentives for fathers.
✅ Brazil: Cash transfers for informal workers via Bolsa Família.
Where India Lags
❌ No national paternity leave (only 7 states offer it).
❌ Informal sector excluded (vs. 92% of countries with universal coverage).
❌ State funds <1% of maternity costs (UK covers 100%).


How India Can Achieve True Reproductive Justice
1. Legal Reforms Needed
Extend ESIC coverage to gig & informal workers.
Pass the Shared Parental Leave Bill (pending since 2017).
2. Better Funding Models
Tripartite cost-sharing (state + employer + employee) like Vietnam.
Direct Benefit Transfers (DBT) for self-employed women.
3. Stronger Enforcement
Digital compliance portals for real-time grievance tracking.
Mandatory gender audits for large companies.
“Maternity protection isn’t charity—it’s the state’s constitutional duty.”
– Supreme Court, 2025 Verdict


Sample Q&A for Competitive Exams (SSC, PSC, UPSC)
Q1. What was the significance of the 2025 Supreme Court verdict on maternity leave?
A: It declared maternity leave a fundamental right under Article 21, ensuring reproductive justice for all working women.
Q2. Which group remains largely excluded from maternity benefits in India?
A: 90% of women in the informal sector have no legal coverage.
Q3. How does India’s 26-week leave compare globally?
A: It’s longer than the US (12 weeks unpaid) but lacks universality, unlike Sweden’s 480-day shared leave.
Q4. What economic impact does denying maternity leave have?
A: It costs ₹3.1 lakh crore in GDP loss yearly due to women dropping out of work.
Q5. What reforms can improve maternity rights in India?
A: Expanding ESIC, enforcing shared parental leave, and digital compliance tracking can bridge gaps.