Context: The Supreme Court recognised maternity rights as a fundamental right under Article 21 of the Constitution, but key issues remain around financing.
Relevance of the Topic: Prelims: Key facts of recent judgment and Maternity Benefits Act 1961 Mains: Impact of the Judgment on Women empowerment
K. Uma Devi vs State of Tamil Nadu (2025)
- In the landmark judgment, the Supreme Court has recognised maternity rights as a fundamental right under Article 21 of the Constitution.
Key Highlights of the Judgment:
- The Court affirmed that maternity benefits are not just welfare measures but legal rights essential to a woman’s dignity, health, and livelihood.
- The apex court referred to International Conventions and instruments i.e.,
- Universal Declaration of Human Rights
- United Nations Economic and Social Council
- Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)
- Maternity Convention C183 (2000) of the International Labour Organisation (ILO) to highlight the requirement of ‘special assistance and social protection’ to working women before and after childbirth.
- SC acknowledged that women are now a significant part of the workforce, and the state is obligated to protect their reproductive and maternity rights in order to ensure their equal participation in the workforce.
- The Court treated the Maternity Benefits Act 1961, as a normative framework.
Maternity Benefits Act, 1961:
- Provides 26 weeks of paid leave for women with less than two surviving children.
- For women with two or more children, 12 weeks of paid leave is allowed.
- Allows for work-from-home arrangements after maternity leave, depending on mutual agreement between employer and employee.
- Since the 2017 amendment, adoptive and commissioning mothers are entitled to 12 weeks of paid maternity leave.
- Establishments with 50 or more employees must provide a creche facility.
- Applies to establishments with 10 or more employees, including factories, mines, plantations, shops, and private companies.
- A woman is eligible if she has worked in the establishment for at least 80 days in the 12 months preceding her expected delivery.
The judgment is hailed as historic for strengthening working women’s rights, ensuring job security, and guaranteeing access to maternal and child care.
India with a maximum paid leave of 26 weeks has joined the league of 42 nations that provide maximum paid leave exceeding 18 weeks i.e., surpassing C183 of ILO. Maternity Protection Convention 2000 (C183 of ILO) sets a minimum standard of 14 weeks.
Associated Challenges
Despite being a landmark judgment, K Uma Devi Vs State of TN case also raises several pertinent questions:
- Scope of Application: Will maternity rights as a fundamental right apply beyond public sector jobs to all forms of employment?
- How will women in the informal sector be brought under its protection?
- Over 90% of India’s female workforce is in the informal sector. These women are often excluded from formal maternity benefit schemes.
- Funding Challenges: Who will bear the financial burden?
- Large corporations may absorb maternity costs easily. But MSMEs struggle with the financial burden of both paid leave and temporary replacement. India lacks a national maternity financing system, unlike many developed economies.
Suggestions:
- ILO recommends that maternity costs be shared through social insurance, public funds, or social assistance, not solely by employers- especially for informal and self-employed women.
- Establish a Universal Maternity Fund aligned with ILO guidelines to ensure inclusive and sustainable maternity benefits financing.
- Draw from global best practices outlined in the ILO’s World Social Protection Report 2024-26 to strengthen India’s maternity financing framework.
- Adopt mixed financing models used by several countries combining social insurance, national social security systems, and tax-funded schemes to reduce the burden on individual employers.