Female employees in private sector also entitled to 180 days maternity leave: Rajasthan High Court

The Rajasthan High Court recently ruled that working women, regardless of the establishment they work in, are entitled to 180 days of maternity leave as laid down in the Maternity Benefit (Amendment) Act, 2017 [Minakshi Chaudhary v. Rajasthan State Road Transport Corporation and anr]..In view of this, Justice Anup Kumar Dhand directed the Central government and the Rajasthan government to issue the necessary orders and guidelines to all unrecognized and private sectors, requiring them to amend their policies so that 180 days of maternity leave is granted to their female employees.“A general mandamus is issued to the Government of India Ministry of Personal, Public Grievances and Pension through its Secretary and to the Government of Rajasthan through Chief Secretary of the State, to issue necessary orders and instructions to all Unrecognized and Private Sectors to make suitable amendments in their provisions for grant of 180 days of Maternity Leave to the female employees working under such sectors," the Court's September 5 ruling said. .The Court made the observation in a case where a woman employee (petitioner) of the Rajasthan State Road Transport Corporation (RSRTC) was extended only 90 days of maternity leave.The woman employee moved the High Court with a petition to direct the RSRTC to enhance her maternity leave to 180 days. The RSRTC countered that a State-level regulation limited maternity leave for RSRTC employees to 90 days. The Court termed the regulation discriminatory and granted the petitioner relief by ordering the State to grant her 180 days of maternity leave."If grant of enhanced 90 days of Maternity Leave is not feasible due to lapse of time, the respondents are directed to additionally pay 90 days salary to the petitioner, as compensation," the Court added. .The Court held that providing only 90 days of maternity leave to female employees of RSRTC under Regulation 74 of the RSRTC Employees Service Regulations, 1965 (1965 Regulations), violated a woman's fundamental rights under Articles 14 and 21 of the Constitution of India."Denial of 180 days of Maternity Leave to the female employees working at RSRTC, like the petitioner, undermines a woman’s right to child birth and Maternity Leave, as provided under the (Maternity) Act of 1961 (as amended in 2017)," the Court said.The Court termed the 1965 Regulations outdated in view of the subsequent amendments to the Maternity Benefit Act, which raised the number of paid maternity leave days to 180 days or 26 weeks."Hence, under these changed circumstances, all female employees are entitled to get the benefit of Maternity Leave, in terms of the 2017 amendment. The Regulation of 1965 do not overrule the amended provisions of the Maternity Benefits (Amendment) Act, 2017. The Regulation 74 of the Regulations of 1965 is liable to be amended now, as the same is the need of hour," the Court said..The Court also referred to the Supreme Court's judgment in the case of Municipal Corporation of Delhi v. Female Workers (Muster Roll) & Anr, noting that the case extended the equitable right to maternity benefits to all women employees, in both the organized and unorganized sectors, regardless of the type of their employment."it is indisputably clear that maternity benefits are not merely derived from statutory rights or contractual agreements between employer and employee but they are fundamental and integral aspect of a woman's identity and dignity, when she chooses to start a family and bear a child," the Court observed..The Court further emphasized that safeguarding the health of both the mother and her newborn child is crucial, not only for the child's development but also for the nation's future."The period of pregnancy and the early years of parenthood are critical for both mother and the child. During this period, women need adequate rest, medical care and emotional support to ensure their good health and well-being, as well as that of their newborn," the Court observed.The Court highlighted that paid maternity leave policies were introduced in India to support working women during this period. "Maternity Leave safeguards and protects the interest and livelihood of such mothers, allowing them to nurture their newborns while taking care of themselves. Such leave ensures the holistic well-being of the mother and their babies, the Court noted..Advocate Ram Pratap Saini and Aamir Khan appeared for the petitioner.Advocate Puneet appeared for the RSRTC..[Read Order]