In landmark judgments delivered in 2024 and 2025, the Supreme Court of India has established that childcare leave (CCL) and maternity benefits are constitutional rights that cannot be denied to women employees. These rulings mark a transformative moment in India’s workplace equality jurisprudence.
Constitutional Mandate for Childcare Leave
In April 2024, the Supreme Court ruled in Shalini Dharmani v. State of Himachal Pradesh that denying childcare leave violates constitutional guarantees under Articles 14 (Right to Equality), 15 (Prohibition of Discrimination), and 21 (Right to Life and Personal Liberty).
The Court observed that without adequate childcare provisions, women are often compelled to resign during critical phases of their children’s development. This effectively undermines their constitutional right to participate in the workforce on equal terms.
The judgment placed particular emphasis on parents caring for children with special needs, directing state authorities to act as model employers in implementing these provisions.
Maternity Leave Recognized as Fundamental Right
In May 2025, the Supreme Court elevated maternity leave to the status of a fundamental constitutional right under Article 21. The Court held that maternity benefits are intrinsically linked to a woman’s reproductive rights and personal dignity.
Significantly, the ruling established that these benefits cannot be withheld even for a third child, effectively overriding state-level population control policies that attempted to restrict benefits based on family size.
Leave Entitlements for Women Employees
Childcare Leave (CCL):
- Maximum entitlement of 730 days (two years) throughout service
- Granted in addition to maternity leave
- Available for children under 18 years
- Extended up to 22 years for children with disabilities (with increasing provisions for no age limit in such cases)
Maternity Leave:
- 180 days (26 weeks) for first two children
- 84 days (12 weeks) for subsequent children
- Now protected as a constitutional right regardless of birth order
Nationwide Implementation
By classifying these provisions as constitutional rights rather than discretionary benefits, the Supreme Court has made them mandatory across all government establishments. State governments previously operating under different leave frameworks have been directed to review and amend their service rules to comply with these constitutional mandates.
The rulings ensure that women employees across India can access childcare and maternity benefits without discrimination, establishing uniform standards that support both workplace equality and family welfare.
