Maternity leave is a fundamental right under Article 21, and denying equal leave constitutes discrimination, necessitating compliance with the Maternity Benefits (Amendment) Act, 2017.

Order

Reserved on 28/08/2024 Pronounced on 05 /09/2024 Reportable

1. Motherhood is one of the most profound and rewarding experiences in a woman’s life. It is a blessing that transcends societal boundaries, cultural norms and professional roles. Motherhood is not only a biological process, but also an emotional, psychological and social journey that reshapes a woman’s identity. 2. Ensuring the health of both the mother and her newborn is vital, not just for the child’s development but for the nation’s future. Today’s children will drive tomorrow’s progress. If they are not nurtured in a healthy environment and given proper care, the promise of a brighter future remains elusive. Denying essential benefits to mothers and their infants equates to denying the nation its potential.

3. Pregnancy is a sacred time when a mother and her child bonds while the child is developing, but this extends far beyond that. The journey from pregnancy to motherhood is something that every new mother wants to cherish.

4. 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.

5. The physical demand of pregnancy and child birth, coupled with the responsibilities of carrying a newborn, necessitates a period of leave from professional duties. This leave allows women to focus entirely on their health and development of their children, free from the pressure of work. For this reason, Maternity Leave is not just a benefit but a right that supports the fundamental need of a woman to take care of her family. Whatever is needed to facilitate the birth of a child to a woman, who is in service, the employer must provide, for women to effectively balance their reproductive and maternity roles. The employer must realize the difficulties which a working woman would face in performing her duties at the workplace, while carrying a baby in the womb or while rearing up the child after birth.

6. Pregnancy and childbirth are crucial phases in a woman’s life. To support working women during this time, the Indian Government and the State Government has put in place a Maternity Leave policy that allows the expecting mothers to receive pay during Maternity Leave. The care that Indian mothers receive before and after they have a child, is ingrained in our Indian culture. Therefore, it makes sense to have the same care, even at the workplace. This is possible only when proper and adequate Maternity Leave is allowed to the mothers enabling them to focus on their family by taking some time off/ leave from work.

7. 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 “Right to Payment in Maternity Benefit” refers to the entitlement of a pregnant woman to receive financial compensation or benefits when they are unable to work due to pregnancy and immediately after child birth. This right ensures that women can take time off/leave from work to recover from child birth and care for their newborn without facing financial hardships.

8. The Maternity Benefits Act, 1961 (for short, ‘the Act of 1961’) was enacted by the Law Makers to regulate the employment of women in certain establishments for certain periods i.e. before and after child-birth, by providing them maternity benefits along with certain other benefits. As per Section 5 of the said Act (before 2017), a woman could take twelve weeks of leave before and after delivery. On the basis of the above provision of the Act of 1961, the respondent-Rajasthan State Road Transport Corporation (for short, ‘RSRTC’) incorporated the provision for 90 days of Maternity Leave for its women employees under Regulation 74 of the RSRTC Employees Service Regulations, 1965