In a landmark judgment that underscores the vital role of motherhood in society, the Himachal Pradesh High Court has emphatically declared that motherhood is not only a fundamental right of women but also an essential duty for the continuation of the human race. This profound declaration came from Justice Vivek Singh Thakur, who, in his ruling, stressed the importance of providing necessary support and facilities to pregnant women, recognizing the arduous nature of their role in the perpetuation of society.
Also read-Himachal Pradesh High Court Rules Non-Reporting Under POCSO Act As Bailable Offence (lawchakra.in)
The case at the center of this judgment involved Sharu Gupta, an Assistant Teacher at Loreto Convent Tara Hall School in Shimla. Gupta’s employment was terminated during her pregnancy, a decision that the school management justified by citing her alleged unsatisfactory performance. However, this action was contested by the Labour Inspector and the Appellate Authority, who perceived the termination as a strategic move to evade the provision of maternity benefits.
In defending their decision, the school’s management argued that Gupta had neither informed them about her pregnancy nor applied for maternity leave, asserting that her termination was in compliance with the service rules and justified by her service record. Gupta, on the other hand, contended that the school was indeed aware of her pregnancy, as evidenced by the leaves granted to her during its initial stages. She maintained that her termination was a calculated attempt to avoid extending maternity benefits to her.
Justice Thakur, in his meticulous examination of the case, found the school’s claims to be without merit. He noted that despite the school’s denial, Gupta had been granted leave during the early stages of her pregnancy, which indicated the school’s awareness of her condition. Addressing the legal nuances, Justice Thakur pointed out that while the Maternity Benefit Act, 1961, necessitates written notification from an employee before proceeding on maternity leave, this requirement should be interpreted in conjunction with other provisions of the Act.
Also read-Madras High Court Upholds Equality In Polygamous Marriages (lawchakra.in)
The judgment emphasized that the Act does not mandate immediate notification of pregnancy to the employer for claiming benefits. However, it does call for the employee to provide written notice during her pregnancy as soon as possible after delivery. In this context, Justice Thakur highlighted the natural right of women to motherhood, invoking constitutional directives and international covenants to stress the duty to protect this fundamental right and enforce the Maternity Benefit Act rigorously.
In delivering the verdict, the Court dismissed the school’s appeal and upheld the orders of the lower authority. Recognizing the gravity of the situation, the court awarded Gupta additional compensation of Rs.15 lakhs in lieu of reinstatement. The judgment firmly stated that any intent to thwart the grant of maternity benefits should be dealt with seriously to ensure the full implementation of the Act.
Also read-Allahabad High Court Mandates Police Verification For Issuing Lawyers’ Licenses (lawchakra.in)
The judgment also referenced Article 42 of the Constitution of India, which directs the State to ensure just and humane working conditions and provide maternity relief. It acknowledged India’s commitment to various international covenants, including The Universal Declaration of Human Rights, which upholds human rights as paramount.
This ruling by the Himachal Pradesh High Court marks a significant milestone in recognizing and upholding the rights of women, particularly during maternity. It sends a powerful message about the importance of respecting and protecting the fundamental right of motherhood, ensuring that women are not disadvantaged for embracing this vital role in society. The judgment serves as a reminder of the need to create a supportive environment for women during one of the most critical phases of their lives, reinforcing the notion that motherhood is a pivotal duty that deserves recognition and support at all levels.
Also read-Allahabad High Court Ruling: Cruelty In Marriage As A Decisive Ground For Divorce (lawchakra.in)
