ON MAY 23, WHILE DELIVERING A HISTORIC JUDGEMENT in K Umadevi v. State of Tamil Nadu (2025), the Supreme Court unequivocally declared that ‘leave and benefit due to maternity situation of a woman’ are fundamental rights. The Court linked several previous cases, international conventions, treaties, and prevalent socio-economic reality of the nation to grant ‘maternity leave as fundamental right under Art.21’. In Suchita Srivastava v. Chandigarh Administration (2009), it was noted that women’s ‘reproductive rights’ was an integral part of personal liberty and hence fell within the ambit of Article 21.
In Umadevi, the Court added that ‘international conventions’, such as the Universal Declaration of Human Rights (‘UNDHR’), the Convention on the Elimination of All Forms of Discrimination Against Women (‘CEDAW’), the International Covenant on SEC Rights, and ILO basic framework on ‘Maternity Protection’ (2000) provide for a ‘broad spectrum of reproductive rights includes maternity benefits.’ As such, maternity leaves were integral to maternity benefit and hence formed an essential part of personal liberty under Art.21
The Court enunciated that the global community “recognise maternity rights are at the intersection of several human rights and protected under human rights laws as well.” In one stroke of the pen, the Court conferred status of fundamental right to maternity rights and benefits. It is an exquisitely written judgment. The assured and protected maternity sabbath is not merely a guarantee of constitutionalism but a mandate of a civilised society under international framework.
