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The Madras High Court, on Tuesday, April 28, ruled that the Tamil Nadu government cannot restrict maternity leave for a third pregnancy, calling such a move unjustifiable and contrary to established law.
A Division Bench comprising Justices R Suresh Kumar and N Senthil Kumar set aside a Government Order (GO) issued on March 13, 2026, which limited maternity leave for a third child to 12 weeks.
The court held that the restriction violated binding precedents of the Supreme Court of India and earlier High Court rulings.
The case pertains to a petition filed by Shayee Nisha, a staff member of the district judiciary in Villupuram. She had applied for maternity leave from February 2, 2026, to February 1, 2027, but her request was limited to three months by the Principal District Judge, citing the government order.
She was also directed by the Motor Accidents Claims Tribunal to resume duty in April 2026.
Quashing these orders, the High Court directed that she be granted maternity leave, as provided for first and second pregnancies, for up to 365 days.
The Bench emphasised that there is no basis to treat third pregnancies differently. “Whether it is the first, second or third pregnancy, the physical and medical demands remain the same. Pre- and post-delivery care cannot be differentiated,” the court observed.
Notably, the court recalled that both the Supreme Court and earlier benches of the Madras High Court had consistently held that maternity leave cannot be denied for a third pregnancy.
In January 2026, a Division Bench had already disapproved a similar maternity leave denial and directed that such orders be circulated among judicial officers. Despite this, the state proceeded to issue this GO in March, the court added.
The bench concluded that there was absolutely no justification for limiting maternity leave to 12 weeks for third pregnancies and directed authorities to process such applications without discrimination.