Rajasthan High Court stays teacher’s transfer two months after childbirth, holding that the right to motherhood and to breastfeed forms part of the right to life with dignity under Article 21 of the Constitution. Jaipur: The Rajasthan High Court has stayed the transfer of a senior government school teacher who had recently given birth, holding […]
“Cannot, by itself, be treated as a conclusive ground”: that is how the Rajasthan High Court has described the nature of a woman’s employment when maternity leave is at stake, quashing a Pollution Control Board’s refusal to a contractual consultant. Jodhpur: A contractual consultant of the Rajasthan State Pollution Control Board must be given 180 […]
The Supreme Court of India ruled that maternity leave is a fundamental right and cannot be denied based on previous children from a prior marriage. The ruling arose from a case involving a teacher denied leave for her third child. Maternity leave is now affirmed as a part of women’s reproductive rights.
Justice Augustine George Masih, born on March 12, 1963, in Punjab, was appointed as a Supreme Court Judge on November 9, 2023, after a distinguished legal career. Previously serving as Chief Justice of the Rajasthan High Court, his notable judgments include granting interim bail in a caste-related case and ordering the clearance of a blocked national highway.
The Maternity Benefit Act of 1961 standardizes maternity leave and benefits for working women in India, offering up to 26 weeks of leave and addressing various aspects such as payment, job security, and childcare. Amendments have expanded protections, but a need for mental health considerations remains. Ongoing revisions are essential for progress.
India’s legal framework provides essential protections for women’s rights related to employment, safety, and domestic life. Key laws include the Equal Remuneration Act, PoSH Act, Maternity Benefit Act, and the Protection from Domestic Violence Act, alongside free legal aid. Women’s awareness of these laws is crucial for empowerment and equality in society.
The Delhi High Court expressed concerns about the short six-week period given to women candidates for post-pregnancy fitness evaluation in the Central Armed Police Forces (CAPF). The court emphasized the challenges of postpartum recovery and urged for a more reasonable timeframe, granting relief to a petitioner in a similar situation.
The Delhi High Court urged the Centre to reconsider Rule 43 of the Central Civil Services (Leave) Rules, which denies maternity leave to female government employees with more than two children. The court emphasized the importance of a mother’s presence for the physical and psychological development of her children and highlighted the need to protect the rights of these children.
The Delhi High Court ruled that legal aid lawyers are entitled to maternity benefits under the Maternity Benefit Act without discrimination based on employment type. The court overturned a single-judge decision and emphasized the distinction between advocates and employees. The ruling clarified that contractual legal aid counsel are not eligible for maternity benefits.