Says decision must be guided by constitutional values and dignity of women
TNR News Network
SHIMLA:
In a landmark judgment, the Himachal Pradesh High Court has granted maternity leave to a woman employee for the birth of her third child.
Justice Jyotsna Rewal Dua ruled that the decision must be guided by constitutional values and the dignity of women, citing Articles 15, 21, 42 and 51 of the Constitution.
The high court noted that cases related to maternity leave should not be decided solely on technical rules but must be viewed in light of fundamental rights guaranteed to women. While the Central Civil Services (Leave) Rules, 1972, do not permit maternity leave for a third biological child, the 2017 amendment to the Maternity Benefit Act-1961, under Section 5(3) allows such leave, though for a shorter duration compared to the first two children.
Based on this, the court directed the state government to grant the petitioner 12 weeks of maternity leave from the date of her application.
Women’s dignity is paramount, says court
The high court stressed that when authorities decide on maternity leave applications, they must prioritise the dignity and rights of women. The judge observed that administrative decisions cannot ignore the broader constitutional promise of equality and protection for women.
The high court, therefore, overturned the department’s earlier rejection and ordered that the petitioner be given the maternity leave she is entitled to.
Case presents unique circumstances
The petitioner had applied for maternity leave after conceiving her third child, but the department rejected her request, citing the absence of provisions for a third birth. However, the court found that her situation was exceptional.
The woman had two children from her first marriage, one of whom suffers from a serious medical condition. After her divorce, she remarried a man who had lost his first wife and their only child in a road accident. The present child is the first biological child of the petitioner and her second husband.
A 43-year-old TGT teacher, the petitioner told the court that the family circumstances compelled her to plan for this child. Considering all factors, the high court ruled in her favour in the case Anuradha vs State of Himachal Pradesh.
