“The act of becoming a mother is a profoundly natural experience for women. Employers must demonstrate understanding and compassion, recognizing the physical challenges faced by women in the workforce during pregnancy and while caring for a child. It is essential to provide the necessary support and accommodations to facilitate this journey,” the court emphasized while hearing the plea
Mumbai: On Friday (10th May): The Bombay High Court invalidated the Airport Authority of India’s (AAI) decision to deny maternity leave to a female employee based on the grounds of her having two children already. The court emphasized that motherhood is a natural phenomenon and employers should demonstrate empathy and understanding towards their female staff.
The judgment, delivered by Justice AS Chandurkar and Justice Jitendra Jain, highlighted the need to honor and provide dignified treatment to women in the workplace, irrespective of their duties, vocation, or workplace.
The division bench declared null and void a communication issued in 2014 by AAI’s Western Region Headquarters that rejected an employee’s application for maternity leave benefits due to her existing two children.
“The act of becoming a mother is a profoundly natural experience for women. Employers must demonstrate understanding and compassion, recognizing the physical challenges faced by women in the workforce during pregnancy and while caring for a child. It is essential to provide the necessary support and accommodations to facilitate this journey,” the court emphasized.
Background
The petitions were filed by the Airports Authority of India Workers Union and Kanakavali Raja Armugam, also known as Kanakavali Shyam Sandal. These petitions challenged two communications issued by AAI’s Western Region Headquarters, both of which denied Kanakavali’s maternity leave request on the basis of her having two children already.
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The court interpreted the AAI Maternity Leave Regulations as intended to offer maternity leave benefits rather than restrict population growth. The condition of having two surviving children was meant to ensure that a female employee could avail herself of maternity leave benefits only on two occasions.
According to AAI’s Leave Regulations 2003, the woman was deemed ineligible for maternity leave as she had two surviving children at the time of her third childbirth.
“The right to reproduce and nurture children is acknowledged as a crucial aspect of an individual’s right to privacy, dignity, and bodily autonomy under Article 21. Additionally, Article 42 mandates the State to ensure fair and compassionate working conditions and maternity benefits,” the court stated.
According to the AAI Maternity Leave Regulations, a female employee is entitled to maternity leave twice during her tenure.
“The purpose of this regulation is to provide maternity leave benefits rather than controlling population growth. The restriction of having two surviving children ensures that female employees can avail themselves of maternity leave only twice, preventing prolonged absence from the organization’s services,” clarified the court.
The bench emphasized the importance of interpreting the regulations liberally. “It is the court’s duty to comprehend the societal objectives of the law and assist in fulfilling its intended purpose. As societal dynamics evolve, so must the law,” stated the bench.
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In this case, since the petitioner had not previously availed maternity leave for her first child, the court ruled that she was eligible for leave for her third childbirth. The bench emphasized that regulations should be interpreted liberally to align with changing social realities and the purpose of the law in society.
The court invalidated the AAI’s communications denying maternity leave benefits to the woman and ordered the authority to provide her with the benefits within eight weeks.
