Maternity Leave Is A fundamental right: Himachal Pradesh HC

The Himachal Pradesh High Court has recently ruled that maternity leave is a fundamental human right and its denial constitutes a violation of Articles 29 and 39D of the Indian Constitution

A bench of Justice Tarlok Singh Chauhanand Justice Virender Singh observed that the object of maternity leave is to safeguard the dignity of motherhood by ensuring adequate support and well-being for both the woman and her child.

“Maternity leave is intended to achieve the social justice to women, motherhood and childhood, both require special attention,” the bench remarked.

The State government filed an appeal in the Himachal Pradesh High Court against a decision made by the Himachal Pradesh Administrative Tribunal. The tribunal had granted maternity leave benefits to a respondent who was employed on a daily wage basis. In 1996, the respondent took three months of maternity leave while expecting a child. However, due to subsequent delivery, she was unable to fulfill the minimum requirement of 240 working days in a year.

The tribunal ruled that her period of maternity leave should be considered as continuous service based on the provisions of the Industrial Dispute Act. The State government opposed this decision, arguing that there was no provision in the department to grant maternity leave to female daily wage workers in 1996.

The High Court dismissed the State’s argument, taking into account that India is a signatory to various international covenants and treaties that prioritize the preservation of human rights. The Court further noted that the right to maternity leave for women employees had been established as a fundamental right through the enactment of the Maternity Benefit Act, following extensive deliberations at the national and international levels.

The Court emphasized that the respondent, as a daily wage female employee during her advanced pregnancy, could not have been compelled to engage in strenuous labor, as it would have posed risks to her health, safety, and the well-being of the child.

“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,” the bench remarked.

As a result, the State’s appeal was rejected, and the decision of the Himachal Pradesh Administrative Tribunal to grant maternity leave benefits to the respondent, who was employed on a daily wage basis, was upheld by the High Court.