Archive · 10 Jun 2025
Supreme Court Affirms Maternity Benefits as Fundamental Right
The Supreme Court in India said maternity leave is super important for women's rights.
It's been a long journey, starting with the idea of helping moms and babies.
The law has improved over time, giving women more time off and better care at work.
However, there are still challenges, like making sure everyone, even those working without formal contracts, gets these benefits.
Some places are also looking at parental leave, so both moms and dads can share in raising kids.
The goal is to make sure women are treated fairly and have equal opportunities.
The Supreme Court upheld maternity leave as a fundamental right.
The Maternity Benefit Act of 1961 provided 12 weeks of paid maternity leave.
The 2017 amendment extended leave and introduced workplace childcare.
Implementation faces challenges, particularly in the informal sector.
Some countries offer comprehensive parental or family leave.
- Who
- Supreme Court of India, government school teacher, women workers.
- What
- Supreme Court ruled that maternity leave is part of reproductive rights, history and challenges of maternity benefits.
- When
- May 23, 2025 (Supreme Court judgment), 1961 (Maternity Benefit Act enacted), 2017 (Maternity Benefit Act amended)
- Where
- India, Madras, Sweden.
- Why
- To ensure social justice, inclusion, and constitutional protection of women’s rights.
Challenges in Implementation and Scope
Implementation Discrepancies
Employer vs. State Responsibility for Payment
Challenges in Implementation and Scope
Debates exist on whether the state or the employer should cover maternity leave costs.
Implementation Discrepancies
Not explicitly stated.
Formal vs. Informal Sector Coverage
Challenges in Implementation and Scope
There's debate on whether maternity benefits should extend to the informal sector and contractual employees.
Implementation Discrepancies
The articles do not explicitly state an opposing view.
- Supreme Court Ruling
- Maternity leave is a constitutional right.
- ILO Convention
- Calls for 12 weeks of paid maternity leave and healthcare.
- Maternity Benefit Act (1961)
- Provided 12 weeks paid leave.
- Amendment Act (2017)
- Extended leave to 26 weeks, childcare facilities.
- Countries Without Paid Family Leave
- Marshall Islands, Micronesia, Nauru, Palau, Papua New Guinea, Suriname, Tonga, and the United States.