Maternity leave is fundamental right: Himachal Pradesh High Court

The Himachal Pradesh High Court held on June 12 that maternity leave is a fundamental human right and its denial is violative of Articles 29 and 39D of the Indian Constitution [State of Himachal Pradesh v Sita Devi]..A bench of Justices Tarlok Singh Chauhan and Virender Singh observed that the object of maternity leave is to protect the dignity of motherhood by providing full and healthy maintenance to the woman and her child."Maternity leave is intended to achieve the social justice to women, motherhood and childhood, both require special attention," the Bench added..The State government had moved the High Court against an order of the Himachal Pradesh Administrative Tribunal which granted the benefit of maternity leave to the respondent who was engaged on a daily wage basis.In 1996, she was carrying a child and after availing three-month maternity leave, she assumed duties. However, on account of her subsequent delivery, she was unable to meet the minimum yearly requirement of 240 days. .The tribunal held that her period of maternity leave would be deemed to be continuous service in view of the provisions of the Industrial Dispute Act. The State opposed this order, arguing that there was no provision in the department for granting maternity leave to the female daily wage workers in 1996. .The High Court rejected this argument. The Court took into account that India is a signatory to various international covenants and treaties which lay down that human rights are supreme and ought to be preserved at all costs. The Bench also noted that it was after years of deliberations at the national and international level that the right of a woman employee for maternity leave was established as supreme by the enactment of the Maternity Benefit Act. .The Court added that the respondent was a daily wage woman employee at the time of advance pregnancy and could not have been compelled to undertake hard labour as it would have been detrimental to her health and safety as well as the child's health, safety and growth."Maternity leave is a fundamental human right of the respondent, which could not have been denied. Therefore, clearly the action of the petitioner is violative of Articles 29 and 39D of the Constitution of India," the Court underscored.With this, the State's appeal was dismissed. .Senior Additional Advocate Generals IN Mehta, YW Chauhan, Additional Advocate Generals Ramakant Sharma, Sharmila Patial, and law officer Rajat Chauhan represented the State government. .[Read Judgment]