Right To Motherhood Without Penalty: The Case for Third Child Maternity Leave

ABSTRACT

This article critically analyzes the discriminatory refusal of maternity benefits to women with a third child by Indian labor legislations with particular reference to the Maternity Benefit Act, 1961, and its Amendment of 2017. It examines, through the lens of socio-legal studies, how arbitrary quantitative caps on maternity benefits lower the principles of equity, dignity, and reproductive agency promised under the Constitution of India. Relying on constitutional stipulations under Articles 14 and 21, as well as memorable cases in the form of Suchita Srivastava and K. Umadevi, the paper contends that excluding mothers of three or more children from getting equal maternity leave constitutes indirect gender discrimination and contravenes the right to motherhood. The article also underscores the disproportionate impact of this policy on working-class women and those working in the unorganized sector, who frequently have poor access to contraception and health care—thus aggravating social and economic injustices. A cross-national comparison yields the finding that a number of countries have more comprehensive maternity regimes, viewing caregiving as a collective social responsibility rather than an individualistic one. The discussion ends by calling for legal reform, expanded coverage, and more effective enforcement mechanisms in order to make maternity rights available everywhere and constitutionally aligned. This research confirms that maternity benefits are not privileges but necessary social protections. Justice can truly be served only when motherhood is honored without penalty or prejudice, and when the law catches up with the lived experiences of all women—not only those who live within demographic limits.