Punjab & Haryana High Court Seeks Response From State, Bar Council In Plea For Extending Maternity Benefit To Female Lawyers

The Punjab & Haryana High Court has sought a response from both the States and UT Chandigarh and Bar Council of Punjab & Haryana on a PIL filed seeking directions on the authorities to pass a resolution and ensure that the benefits conferred by the Maternity Benefit Act, 1961 is extended to female advocates engaged in litigation.

A division bench of Acting Chief Justice G.S. Sandhawalia and Justice Lapita Banerji issued notice to the States of Punjab, Haryana, UT Chandigarh, Bar Council of Punjab & Haryana and Bar Association of Punjab and Haryana High Court.

Avin Kaur Sandhu, a lawyer by profession, moved the High Court to highlight the issue of the lack of maternity benefits for female lawyers.

"The deprivation of maternity benefits to litigating female lawyers constitutes a violation of their most basic rights including fundamental rights enshrined within the Constitution of India," the plea states.

A perusal of the various judicial pronouncements and an overview of the Maternity Benefit Act, of 1961, reveals that the intent of the legislators is to provide for health benefits, leaves before, during and after childbirth, payment/remuneration and medical bonuses etc., provision for breastfeeding facilities and creche facilities, job protection and non-discrimination amongst others, the plea adds.

Sandhu contends in the petition that, the legal profession is inherently gender biased and women make up only 15% of practising lawyers in the country.

"Hence, denial of maternity benefits not only discourages female advocates from continuing in the legal profession but also hinders in ensuring equality at workplace, which is against the objection of the Maternity Benefit Act and the Indian Constitution," she added.

In light of the above, directions are also sought to the respondents to formulate and enforce guidelines, aimed at offering maternity benefits to litigating female advocates engaged in regular independent practice, in order to safeguard them from encountering financial hardships in their careers during or post pregnancy, akin to the benefits provided as under the Maternity Benefit Act, 1961, Advocates welfare Fund Act, 2001 etc.

The matter is deferred for August 06, for further consideration.

Title: Avin Kaur Sandhu v. State of Punjab and others