REPRODUCTIVE AUTONOMY AS A FUNDAMENTAL HUMAN RIGHT: ANALYSING THE SUPREME COURT OF INDIA’S AFFIRMATION OF MATERNITY BENEFITS BEYOND THE “TWO-CHILD NORM” IN COMPARISON WITH THE GLOBAL STANDARDS

Abstract

The struggle for gender justice is deeply tangled with the recognition and enforcement of women's reproductive rights as a fundamental human right. Reproductive autonomy shapes women's private sphere and influences their participation in public life, including employment, economic security, and societal engagement. Rigid legal or administrative restrictions on maternity benefits, particularly those linked to the number of children a woman bears, represent a significant site of gender discrimination and a challenge to human rights principles. This paper examines the critical issue through the lens of a recent landmark decision by the Hon’ble Supreme Court of India, which reaffirmed the reproductive rights of women employees in the face of restrictive state policies. The case concerned Uma Devi, a Tamil Nadu government school teacher, who, following the dissolution of her first marriage and loss of custody of her two children, entered a second marriage and sought maternity leave for the birth of her first child in this new union. Her request was denied by the Tamil Nadu state authorities under Rule 101(a) of the Tamil Nadu Fundamental Rules, which restricts maternity leave to births for only up to two surviving children. The Supreme Court, intervening upon a Special Leave Petition, delivered a judgment that resonates far beyond the immediate facts of the case. Drawing upon constitutional guarantees under Article 21 of the Constitution of India, the Court underscored that “life” includes the right to health, dignity, privacy, and reproductive choice.