The Madras High Court, in a historic world landmark judgment, has set a global precedent by ensuring fair and equitable access to maternity leave for women. This ruling, delivered on 24 January 2025, confirms that maternity leave cannot be denied for a third pregnancy if it is claimed for the first time. Justice R. Vijayakumar’s decision highlights the importance of interpreting Maternity Leave Rules in a compassionate and purposeful manner, setting an example for women’s rights worldwide.

Case Background: A Fight for Maternity Leave Rights

The case involved Kohila, a staff nurse at Government Rajaji Hospital, Madurai. Kohila had two children during her first marriage but did not claim maternity leave as she was employed on a contractual basis. After her divorce and remarriage, she conceived again and applied for maternity leave as a permanent employee. Her request was denied based on Rule 101(a) of the Tamil Nadu Fundamental Rules, which limits maternity leave to women with less than two surviving children.

Key Observations by the Court

Justice R. Vijayakumar made the following significant observations in this global milestone case:

1. Purposive Interpretation of Maternity Leave Rules
   • The court emphasised that maternity leave rules must be interpreted to ensure fairness. A woman’s right to maternity leave cannot be denied for a third pregnancy if she is claiming it for the first time.
   • The rule’s intent—to promote population control, protect women’s health, and manage financial constraints—must not restrict an individual’s rights unfairly.
2. No Financial Strain on the State
   • The court clarified that granting maternity leave to Kohila, who had never claimed it before, does not burden the State exchequer. Instead, it aligns with the principles of equitable treatment.
3. Harsh Administrative Actions Criticised
   • Referring Kohila to a medical board and deeming her fit to work just five days before her delivery was deemed unreasonable. The court criticised such actions as harsh and insensitive.

Court’s Final Ruling

The Madras High Court ruled in favour of Kohila and set aside the orders denying her leave. The authorities were directed to grant her maternity leave within 12 weeks based on her application. The judgment also underscored the importance of fair treatment in similar cases worldwide.

Why This Judgment is a World Landmark

This ruling goes beyond the confines of Tamil Nadu or India, setting a global precedent for:

1. Women’s Employment Rights
   • It reaffirms the need for gender-sensitive workplace policies that respect women’s reproductive rights and employment benefits.
2. Global Equity Standards
   • By allowing maternity leave for a third pregnancy on first claim, the judgment provides a model for other governments and organisations to follow.
3. Compassionate Governance
   • The court’s approach demonstrates the importance of empathy and fairness in interpreting laws affecting vulnerable groups.

Lessons for Policymakers and Employers

This judgment offers critical lessons for employers and governments worldwide:

1. Adopt a Fair Approach
   • Policies must be implemented with fairness, avoiding rigid interpretations that harm individual rights.
2. Support Women’s Health and Rights
   • Maternity leave provisions should ensure that women are supported in balancing professional and personal responsibilities.
3. Global Benchmarks for Governance
   • The Madras High Court’s ruling provides a roadmap for framing and interpreting maternity leave policies in line with international best practices.

Conclusion

The Madras High Court’s 2025 judgment marks a world landmark moment in maternity leave rights. By ensuring that maternity leave is accessible to women even for a third pregnancy claimed for the first time, the court has upheld principles of fairness, compassion, and equity. This decision not only sets a strong precedent for India but also offers global inspiration for advancing women’s rights in the workplace.