The Rajasthan High Court ruled that female employees in the private sector also entitled to 180 days of maternity leave. The Court emphasized the need for amending labour rules to extend this benefit to women in private and unorganized sectors, in line with the 2017 amendment to the Maternity Benefit Act.
The Rajasthan High Court ruled that all working women, regardless of the type of establishment they are employed in, are entitled to 180 days of maternity leave, as stipulated by the Maternity Benefit (Amendment) Act, 2017.
In light of this decision, Justice Anup Kumar Dhand instructed both the Central and Rajasthan governments to issue the necessary directives and guidelines to unrecognized and private sector employers, mandating that their policies be updated to provide 180 days of maternity leave to female employees.
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In its September 5 ruling, the Rajasthan High Court issued a directive stating,
“A general mandamus is issued to the Government of India, Ministry of Personnel, Public Grievances, and Pensions through its Secretary, and to the Government of Rajasthan through the State’s Chief Secretary, to issue necessary orders and instructions to all unrecognized and private sectors to amend their provisions for granting 180 days of maternity leave to female employees working in such sectors.”
This decision was made in response to a case involving a woman employee of the Rajasthan State Road Transport Corporation (RSRTC), who had been granted only 90 days of maternity leave. The employee petitioned the court, requesting that her leave be extended to 180 days.
The RSRTC defended its position by citing a State-level regulation that limited maternity leave for its employees to 90 days. The Court, however, deemed this regulation discriminatory and granted the petitioner relief by ordering the State to provide her with 180 days of maternity leave.
The Court further added,
“If granting the additional 90 days of maternity leave is not feasible due to the passage of time, the respondents are directed to pay the petitioner 90 days’ salary as compensation.”
The Court ruled that granting only 90 days of maternity leave to female employees of RSRTC, as outlined in Regulation 74 of the RSRTC Employees Service Regulations, 1965, violated their fundamental rights under Articles 14 and 21 of the Indian Constitution.
The Court stated,
“Denial of 180 days of maternity leave to female employees working at RSRTC, like the petitioner, undermines a woman’s right to childbirth and maternity leave, as provided under the Maternity Act of 1961 (amended in 2017).”
It further described the 1965 regulations as outdated, noting that amendments to the Maternity Benefit Act have since increased the number of paid maternity leave days to 180.
The Court added,
“Under these changed circumstances, all female employees are entitled to the benefit of maternity leave, as per the 2017 amendment. The 1965 regulations do not overrule the amended provisions of the Maternity Benefits (Amendment) Act, 2017. Regulation 74 of the 1965 Regulations must now be amended, as this is the need of the hour,”
The Court also referenced the Supreme Court’s ruling in Municipal Corporation of Delhi v. Female Workers (Muster Roll) & Anr, which extended the right to maternity benefits to all women employees, regardless of their employment type, whether in organized or unorganized sectors.
The Court observed,
“It is indisputably clear that maternity benefits are not simply derived from statutory rights or contractual agreements between employer and employee. They are a fundamental and integral aspect of a woman’s identity and dignity when she chooses to start a family and bear a child.”
Emphasizing the importance of maternal and child health, the Court added,
“The period of pregnancy and early years of parenthood are crucial for both mother and child. During this time, women require adequate rest, medical care, and emotional support to ensure the well-being of both themselves and their newborn.”
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The Court noted that paid maternity leave policies were introduced in India to provide necessary support for working women during this critical period.
The Court stated,
“Maternity leave safeguards and protects the livelihood and interests of mothers, allowing them to care for their newborns while tending to their own health. Such leave ensures the holistic well-being of both the mother and child,”
Advocate Ram Pratap Saini and Aamir Khan represented the petitioner, while Advocate Puneet appeared for the RSRTC.