Supreme Court strengthens maternity rights in India

Source: The post Supreme Court strengthens maternity rights in India has been created, based on the article “Financing maternity rights in India” published in “Businessline” on 21st June 2025

UPSC Syllabus Topic: GS Paper2- Constitution of India And GS paper1- Society- Social empowerment

Context: The Supreme Court’s May 23 judgment in K Uma Devi vs State of Tamil Nadu marks a historic shift by recognising maternity rights as a fundamental right under Article 21. This decision enhances job security for working women, aligns with global standards, and reinforces the State’s duty to ensure equitable maternity benefits.

Recognition of Maternity Rights as Fundamental Rights

1. Link to Article 21 and Previous Judgments: The Court declared maternity benefits as part of the right to life and dignity under Article 21 of the Constitution. It referred to earlier rulings affirming reproductive and bodily autonomy as essential components of fundamental rights.
2. Reference to International Instruments: Extensive references were made to global frameworks like the Universal Declaration of Human Rights (UDHR), Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), and the International Labour Organization’s (ILO) Maternity Protection Convention C183.
3. Restoration and Job Continuity: The ILO Convention emphasizes that maternity leave must not just ensure time off, but also job security—guaranteeing that women return to the same position after leave.

Statutory Framework and National Progress

1. Maternity Benefit Act as Normative Foundation: The Court upheld the Maternity Benefit (MB) Act, 1961 as the legal basis ensuring non-discriminatory employment conditions for women. It acknowledged the increasing role of women in the workforce and the State’s obligation to uphold their reproductive rights.
2. India’s Paid Maternity Leave Achievement: India now provides 26 weeks of paid maternity leave, surpassing the ILO’s standard of 18 weeks, placing it among 42 countries offering the longest fully paid leave.
3. Inclusion of Diverse Motherhood Categories: Since 2017, the MB Act also covers adoptive and commissioning mothers, granting them 12 weeks of leave. It also allows flexible work options to support women’s workforce participation.

Concerns Over Coverage and Implementation

1. Public vs Private Sector Scope: The judgment does not clarify whether its application is limited to public sector employees or extends to women in all forms of employment, including contractual and non-standard jobs.
2. Inclusion of Informal Sector Women: A major concern remains the large number of women in the informal sector. There is uncertainty about how their maternity rights will be recognised and implemented.
3. Employer Responsibilities Without Exemption: Employers must now provide maternity benefits without exemption. While large firms can afford this, Micro, Small and Medium Enterprises (MSMEs) face greater financial strain.

Financial Constraints and Global Practices

1. ILO Recommendations on Maternity Funding:?The ILO recommends that maternity benefits should be funded through social insurance, public funds, or non-contributory schemes—not borne solely by individual employers.
2. Indian Historical Context and Challenges: India’s first maternity law—the Bombay Maternity Benefit Act, 1929—placed full funding responsibility on employers, a model still influencing current practices.
3. Need for a Universal Maternity Fund:?Though the Supreme Court praised the MB Act, it emphasised the need for robust support institutions. A Universal Maternity Fund aligned with ILO standards can address financing challenges.

Way Forward

1. Global Financing Models: According to ILO’s World Social Protection Report (2024–26), most countries use a combination of tax-based systems, national social security, or insurance schemes for maternity funding.
2. Lessons for India’s Informal Workforce: India must learn from these global practices to ensure effective maternity protection, particularly for informal and temporary women workers, and fully realise the Uma Devi ruling.

Question for practice:

Examine how the Supreme Court’s judgment in K Uma Devi vs State of Tamil Nadu strengthens maternity rights and addresses the challenges of implementation and financing in India.