Spouse Has Children From Previous Marriage Is No Ground For Denial Of Maternity Benefit- Supreme Court 

The Supreme Court in the case of Devika Singh v. CAT (C.A. No 5308 of 2022) recently held that existence of spouse’s biological children from his prior marriage would not impinge upon the statutory entitlement for grant of maternity leave.  Moreover, the Court in its judgment made observations with respect to persons to whom maternity benefits shall not be denied due to absence of the traditional concept of ‘family’ The Court observed that-​

1. The purpose behind maternity leave and other facilitative measures extended to women are to ensure that they are remain a part of the work force and are not compelled to leave their workplace.​

2. Child birth has to be construed in the context of employment as a natural incident of life and hence, the provisions for maternity leave must be construed in that perspective and be provided to employees. ​

3. The concept of ‘family’ in law and society has undergone a change form the traditional idea that a family consists of a single, unchanging unit with a mother and a father (who remain constant over time) and their children. The Court observed that atypical manifestations of the family unit such as single parent household or unmarried partnerships or queer relationships are equally deserving of protection and benefits under the social welfare legislation shall be provided for. Moreover, the legislation shall not be interpreted to a woman’s disadvantage who undertakes the role of motherhood in ways that may not find a place in the popular imagination.  ​

4. The right to reproduction and child rearing as an important facet of a person’s right to privacy, dignity and bodily integrity under Article 21. Moreover, Article 42 and Article 15 enjoins the State to make provisions for securing just and humane conditions of work and for maternity relief. ​