India Just Promised Maternity Rights for All — But Here’s the Ugly Truth

It doesn’t require a massive force to bring change — just one human. But what is uncanny is having to fight for something that is guaranteed to you: a right that has been unfairly denied on the grounds of being a mother to two children. That is what happened to a higher-secondary English teacher in Tamil Nadu, and what she had to fight against.

In a ruling on May 23, 2025, that underscores the need for justice long overdue, the Supreme Court made it clear that maternity leave is not a privilege but a constitutional right, applicable even to those on fixed-term contracts. The Court also struck down state-specific caps, affirming that a third child doesn’t erase a woman’s entitlement to rest and care for her growing family.

This moment shines a much-needed light on the ongoing struggles many working women face when starting or adding to their families — and the legal protections meant to back them up. While maternity leave might feel new, it’s a battle for recognition that goes back decades. The Maternity Benefit Act of 1961 was the first major legislation aimed at protecting working women during and after pregnancy, mandating 12 weeks of paid leave. This was a big step forward, but it fell short for many, especially women in the informal sector or those on short-term contracts. In 2017, the Maternity Benefit (Amendment) Act tried to make things more progressive by extending paid leave to 26 weeks for the first two children, requiring companies with 50 or more employees to provide a crèche, and allowing for additional accommodations.

While the Supreme Court’s verdict is an affirmation of maternity rights, the big question is whether it will translate into real-world change or remain a policy on paper. According to Aon’s 2024 Voice of Women in Corporate India study, nearly 40% of women report pay penalties after maternity, and many face career stagnation or pressure to step aside. This shows the invasive presence of a deep workplace culture that disregards or devalues working moms — something a Supreme Court ruling alone cannot erase.

This is not a policy issue; it is a reflection of attitudes that view maternity as a liability instead of a normal and valued phase in a woman’s career. The majority of women in India, over 90%, work in the informal sector, where maternity benefits barely exist or are not enforced. This means that for most women, legal guarantees do not translate into actual support. Research shows that more than 55% of women in the informal sector do not have access to social security or maternity benefits, with many forced to work up until delivery due to financial pressures.

Evidence from policy reviews shows that without proper implementation, education, penalties for non-compliance, and incentives for companies to do better, many women will continue to pay a heavy price for choosing both a career and a family.

The Supreme Court’s ruling is an affirmation that maternity is a matter of dignity, health, and equality. But turning that affirmation into reality will take much more than a court order. It will require companies, policymakers, and society at large to reconsider their attitudes toward working women and create a workplace culture that lets them grow, contribute, and care for their families without unfair penalties.

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