Maternity Leave Is A Fundamental Human Right; Its Denial Violate Articles 29, 39 Of Constitution : Himachal Pradesh High Court

The Himachal Pradesh High Court has reiterated that every woman, irrespective of her employment status, is entitled to maternity leave.

Maternity leave aims to protect the dignity of motherhood and ensure the well-being of both the woman and her child, a bench of Justices Tarlok Singh Chauhan and Virender Singh remarked.

"The respondent in the instant case was a daily wage woman employee at the time of advance pregnancy could not have been compelled to undertake hard labour, as it would have been detrimental to not only to her health and safety but also to the child health, safety and growth. The maternity leave is a fundamental human right of the respondent, which could not have been denied. Therefore, clearly the action of the petitioner is violative of Articles 29 and 39D of the Constitution of India."

Article 29 pertain to Protection of interests of minorities. Article 39(D) relates to adequate means of livelihood to all the citizens.

These observations were made while hearing Sate's plea against an order passed by the H.P. Administrative Tribunal whereby the respondent had been granted the benefit of deemed maternity leave and consequential benefit of conferment of workcharge status on completion of 8 years service.

In 1996, the respondent had taken maternity leave for three months after giving birth and due to her pregnancy and delivery, she had worked only 156 days instead of the required 240 days in a year.

The Tribunal ruled that the respondent's maternity leave should be considered continuous service under Section 25(B)(1) of the Industrial Dispute Act.

Aggrieved, the State filed the instant petition and argued that since there is no provision in the department for granting maternity leave to female daily wage worker, therefore, the Tribunal could not have directed the petitioners to grant said relief.

The court however held that denying maternity benefits to any woman, regardless of her employment status, would amount to a violation of the principles of equality that the Constitution so ardently champions. Reinforcing its stance, the bench referred to Municipal Corporation of Delhi vs. Female Workers (Muster Roll) & Anr. (2000) wherein the apex court held that the provisions of the Maternity Benefit Act, 1961 entitled maternity leave even to women engaged on a casual basis or on muster roll basis daily wage and not only those in regular employment.

In view of the same the bench dismissed the petition.

Case Title: State of HP Vs Sita Devi

Citation: 2023 LiveLaw (HP) 39

Click Here To Read/Download Judgment