Justice Anoop Dhand, a single-judge bench, during the hearing of a petition filed by Minakshi Chaudhary, a bus conductor with the Rajasthan State Road Transport Corporation (RSRTC). She had requested 180 days of maternity leave but was granted only 90 days in February 2016.
Jaipur: On Thursday (5th Sept), the Rajasthan High Court directed both the State and Union Governments to instruct the private sector, including its unorganised segment, to provide 180 days of maternity leave to their female employees.
This order was issued by Justice Anoop Dhand, a single-judge bench, during the hearing of a petition filed by Minakshi Chaudhary, a bus conductor with the Rajasthan State Road Transport Corporation (RSRTC). She had requested 180 days of maternity leave but was granted only 90 days in February 2016.
“Maternity benefits are not just a matter of statutory rights or contractual terms between employers and employees; they are fundamental to a woman’s identity and dignity when she chooses to start a family. The right to have a child is guaranteed by Article 21 of the Constitution, and choosing not to have a child is an extension of this right,”
remarked Justice Dhand after reviewing various Supreme Court decisions during the petition hearing.
Her legal representatives, Mr. Ram Pratap Saini and Mr. Aamir Khan, argued that this 90-day leave was discriminatory and did not comply with the amended Maternity Benefit Act, 1961, which entitles women to 26 weeks (180 days) of maternity leave.
The respondents, represented by Mr. Puneet, argued that under the 1965 Regulations, the petitioner was entitled to only 90 days of maternity leave, and there was no legal justification for extending it to 180 days.
Key Legal Issues:
- Is a female employee at RSRTC entitled to 180 days of maternity leave under the amended Maternity Benefit Act, 1961, despite the company’s internal regulations limiting it to 90 days?
- Does denying 180 days of maternity leave infringe upon the fundamental rights of female employees under Articles 14 (Right to Equality) and 21 (Right to Life) of the Indian Constitution?
In June 2016, Chaudhary filed a petition with the court, requesting 180 days of maternity leave. The High Court directed the RSRTC to either provide her with the full 180 days of maternity leave or compensate her salary for the remaining 90 days.
In India, women are entitled to 26 weeks (180-182 days) of maternity leave in both public and private sectors.
The Maternity Benefit Act of 1961, amended in 2017, states in Section 5, sub-section 4 that “a woman who legally adopts a child under three months old or a commissioning mother is entitled to twelve weeks of maternity benefit.”
“In government services, both at the Union and state levels, 180 days of maternity leave is typically provided. However, she was only granted 90 days of leave. We argued in court that this constitutes clear discrimination against her,”
said Chaudhary’s counsel, Ram Pratap Saini, on Friday.
Justice Dhand remarked,
“Motherhood is one of the most profound and rewarding experiences in a woman’s life. It is a blessing that transcends societal boundaries, cultural norms, and professional roles. Denying essential benefits to mothers and their infants equates to denying the nation its potential.”
The judgment highlighted,
“Whatever is needed to facilitate the birth of a child to a woman who is in service, the employer must provide, for women to effectively balance their reproductive and maternity roles.”
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