Twins in first pregnancy can’t deny 2nd maternity leave: HC

"A literal interpretation would defeat the very objective of maternity leave," the Telangana High Court said.

Hyderabad: A woman government employee cannot be denied maternity leave for her second pregnancy merely because she had given birth to twins during her first pregnancy, the Telangana High Court has ruled on Wednesday, July 15.

Justice K Sarath was hearing a petition filed by Jadi Swarupa Rani, 35, a junior lecturer in English at a government college for girls in Mancherial district.

Rani had given birth to twins in 2023 during her first pregnancy. When she delivered a third child during her second pregnancy in April 2026, the college authorities rejected her application for maternity leave, citing the state’s “two-child norm” on the ground that she already had two surviving children.

Her counsel, Gattu Vinay Kumar, argued that the birth of twins was a biological event beyond her control and that denying maternity benefits for a subsequent pregnancy violated her fundamental rights.

The society governing the college opposed the plea, citing service rules of 2010 and 2014 under which maternity leave is available only to married women employees with fewer than two surviving children. Standing counsel Bhanothu Hussain contended that granting leave beyond this eligibility would place an undue financial burden on the government.

Literal interpretation defeats the purpose: HC

Rejecting the state’s stand, the High Court held that the issue was not about the rule itself but its humane and sensible interpretation in cases where a first pregnancy results in twins. “A literal interpretation would defeat the very objective of maternity leave, which is intended to protect the health of women and enable them to continue in employment,” the judge said.

The court also cited a Madras High Court precedent, noting that Tamil Nadu had amended its rules to grant maternity leave for an additional delivery in such cases, while Andhra Pradesh had done away with the cap on surviving children altogether for such benefits.

The court held that Rani was entitled to maternity leave for her second pregnancy from April 14 to October 11, 2026, a 180-day period, and directed the authorities to pay her full salary and allowances for the entire duration.