Maternity leave part of reproductive rights; SC sets aside Madras HC order

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Maternity leave part of reproductive rights; SC sets aside Madras HC order - Business Standard

Quick Summary:

However, the state government challenged the order, and a division bench of the High Court reversed it.

The judge had held that the state rule was in conflict with the Maternity Benefit Act, 1961, a central law, and therefore void under Article 254 of the Constitution, which states that central law prevails over conflicting state laws.

Tamil Nadu's service rules restrict maternity benefits to the first two surviving children, which was the basis of the state’s denial.