Himachal Pradesh HC - Denying Maternity Leave Is A Violation Of Fundamental Human Rights

On June 12, the Himachal Pradesh High Court ruled that denying maternity leave is a violation of fundamental human rights as enshrined in Articles 29 and 39D of the Indian Constitution. Justices Tarlok Singh Chauhan and Virender Singh emphasized that maternity leave serves the purpose of safeguarding the dignity of motherhood by ensuring adequate support and well-being for both the woman and her child.

The State government disputed the ruling of the Himachal Pradesh Administrative Tribunal, which granted maternity leave benefits to the respondent who was employed on a daily wage basis. The respondent, in 1996, was pregnant and availed of a three-month maternity leave, after which she resumed her duties. However, due to her subsequent delivery, she fell short of meeting the minimum requirement of 240 days of work in a year. The tribunal ruled that her maternity leave period should be considered as continuous service, in accordance with the provisions of the Industrial Dispute Act.

In opposition to this ruling, the State argued that there was no provision within the department to grant maternity leave to female daily wage workers in 1996.

The argument put forth by the State was rejected by the High Court. The Court considered the fact that India is a signatory to various international covenants and treaties, which prioritize the preservation of human rights at any cost. The Bench also acknowledged that the recognition of a woman employee's right to maternity leave as a fundamental right was the result of extensive discussions at both national and international levels, leading to the enactment of the Maternity Benefit Act. Furthermore, the Court highlighted that the respondent, being a daily wage female employee during her pregnancy, could not have been compelled to engage in strenuous labor, as it would have posed risks to her own health, as well as the health, safety, and growth of the child.

Consequently, the State's appeal was dismissed by the Court.