Maternity Benefits for Third Child

• 30 May 2025

Source: IE 

In the K. Umadevi v. Government of Tamil Nadu Case, 2022, the Supreme Court (SC) granted maternity benefits to a woman for her third child, under the Maternity Benefit (Amendment) Act, 2017 calling it a constitutional right. 

• The SC affirmed that the right to health, dignity, privacy, and non-discrimination are integral to the Right to Life under Article 21 of the Constitution. 
  • It emphasized that reproductive rights form part of international human rights law, including rights to health, equality, and dignity. 
• Right to reproductive choices is protected under Article 21 (Right to Life and Personal Liberty), as reaffirmed in the Suchita Srivastava v. Chandigarh Administration Case, 2009. 
• Maternity Benefit (Amendment) Act, 2017: The Maternity Benefit Act, 1961, as amended in 2017, provides paid maternity leave and related benefits to women employees both before and after childbirth. 
  • Applicability: The Act applies to factories, mines, plantations, government establishments, shops, and other workplaces with 10 or more employees. 
    • Women covered under the Employees’ State Insurance Act, 1948 are also entitled to maternity benefits. 
  • Maternity Leave: Women are entitled to 26 weeks of paid maternity leave for up to two children, and 12 weeks for with more than two i.e., the Act does not prohibit maternity leave for women with more than two children; it only limits the duration based on the number of children. 

Read More: The Maternity Benefit (Amendment) Act 2017