Maternity Leave – Third child from second marriage – Object is to protect dignity of motherhood
Two children were born in 2006 and 2011, out of the first wedlock of the appellant.
The appellant was appointed as English Teacher in December, 2012.
In 2017, the first marriage was dissolved and two children are in the custody of the former husband.
On 12.9.2018, there was second marriage of the appellant.
The appellant had applied for maternity leave for 17.8.2021 to 12.5.2022. This was rejected on the ground that the appellant has two surviving children as per the policy decision.
Right of every woman to make reproductive choices without undue interference from the State is central to the idea of the human dignity.
Deprivation of access to reproductive healthcare or emotional and physical well being also injures the dignity of women.
The Courts must bridge the gap between the law and society through the use of purposive interpretation.
In the context of employment, child birth has to be construed as a natural incident of life and hence, provisions of maternity leave must be construed in that perspective.
HELD that the appellant has two children out of first marriage but that was before entry into her service. Post entry into service and from her subsisting marriage, this is her first child. Two children of first marriage are not residing with her.
Judgment dated 23.5.2025 of the Supreme Court of India in Civil Appeal No.2526 of 2025 of K. Umadevi Vs. Government of Tamil Nadu and others
