The Supreme Court on Friday ruled that maternity leave is a component of a woman’s reproductive rights, setting aside a Madras High Court order that had denied leave to a woman for the birth of her third child.

A bench comprising Justices Abhay Oka and Ujjal Bhuyan observed, “We have delved into the concept of reproductive rights and have held that maternity benefits are a part of reproductive rights, and maternity leave is integral to maternity benefits. Therefore, the impugned order has been set aside.”

The apex court was hearing a petition filed by a government school teacher in Tamil Nadu, who was denied maternity leave for the birth of her first child from a second marriage.

The petitioner argued that she had not availed maternity leave for her first two children, who were from a previous marriage and born before she joined government service. Custody of those children remains with their father.