The Jammu & Kashmir and Ladakh High Court held that women doctors cannot be denied salaries during maternity leave once leave is granted under service rules. The Court ruled maternity benefits are constitutional rights flowing from dignity, equality and reproductive autonomy, not government charity.
The Supreme Court refused immediate relief to IPS officer Urvashi Sengar, holding that joining Phase-II training midway would undermine its purpose. However, the Court orally agreed that her challenge to the 1993 MHA Office Memorandum on maternity-related interruptions appeared to have substantial legal merit.
The Delhi High Court criticised the Wrestling Federation of India for declaring Vinesh Phogat ineligible after maternity leave, questioning its deviation from norms. It stressed motherhood is celebrated and warned the federation against acting with “vengeance” in review.
The Madhya Pradesh High Court ruled that women employees in State-run establishments cannot be denied maternity leave benefits for not completing 80 days of service. It clarified that the 80-day requirement applies only to private workplaces.
The Bombay High Court has held that even women working on temporary or daily-wage basis are entitled to maternity leave benefits. The Court ruled that denying maternity benefits due to short technical breaks in service is arbitrary and illegal.
Orissa High Court ruled that maternity benefits can’t be denied to women based on contractual jobs. The court called such denial inhumane and against the spirit of womanhood and dignity.
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.
The Supreme Court criticized the Madhya Pradesh High Court for dismissing women judges based on performance metrics during their probation, emphasizing the necessity for equitable treatment regardless of gender. The justices voiced concerns over mental health impacts on judges and will revisit the matter on December 12, following ongoing appeals related to terminations.
Justice Hima Kohli, at a commemorative event for “100 Years of Women in Law in India,” highlighted the lack of female Attorney General and Solicitor General appointments in 75 years, emphasizing ongoing gender bias. She identified barriers like work-life balance issues, stereotypes, and limited opportunities, calling for reforms to empower women in the legal field.
The Rajasthan High Court ruled that all working women, regardless of the establishment type, are entitled to 180 days of maternity leave as per the Maternity Benefit (Amendment) Act, 2017. The Court instructed the governments to ensure private sector compliance. This decision stemmed from a case involving a woman employed at RSRTC, emphasizing women’s fundamental rights and maternal well-being.
