The Himachal Pradesh High Court has indeed made a significant ruling, affirming that maternity leave is a fundamental human right that cannot be denied to women, regardless of their employment status. This decision emphasizes the importance of protecting the dignity of motherhood and ensuring the well-being of both mothers and their children.
The Himachal Pradesh High Court has declared maternity leave as a fundamental human right, emphasizing the need to protect the dignity of motherhood and ensure social justice for women, motherhood, and childhood.
The Division Bench, comprising Justice Tarlok Singh Chauhan and Justice Virender Singh, dismissed a petition challenging the provision of “deemed” maternity leave benefits to a daily wage worker. The case centred around a respondent who was denied the consequential benefit of work-charge status due to failing to meet the minimum requirement of working 240 days per year. However, the H.P. Administrative Tribunal granted her the benefit of deemed maternity leave, fulfilling the minimum requirement and associated benefits. The State challenged this order in the current petition.
The High Court meticulously examined various conventions, treaties, and constitutional provisions, highlighting the significance of motherhood. Article 21 of the Constitution of India guarantees every female and male employee, regardless of their appointment basis, the fundamental right to a reasonable duration of maternity leave, paternity leave, and child care leave (CCL) in accordance with Article 42. The Court referred to Article 25(2) of the Universal Declaration of Human Rights, emphasizing the entitlement of both motherhood and childhood to special care and assistance.
The Bench reiterated that denying maternity benefits to any woman, irrespective of her employment status, would violate the principles of equality enshrined in the Constitution. The Court stressed that maternity leave aims to protect the health and safety of both the woman and her child, and denying it would jeopardize their well-being and growth. The Bench further noted that maternity leave is a fundamental human right and its denial is in violation of Articles 29 and 39D of the Constitution of India.
Implications of the Ruling:
Protection of Motherhood: The decision prioritizes the protection of motherhood and recognizes the importance of maternity leave in promoting social justice and equality for women.
Employer Obligations: Employers are expected to provide maternity leave benefits to all women, regardless of their employment status, to ensure their health and well-being.
Legal Precedent: This ruling sets a significant legal precedent, emphasizing the fundamental right to maternity leave and its importance in Indian law.
The Himachal Pradesh High Court’s ruling affirming maternity leave as a fundamental human right marks a significant step towards promoting gender equality and protecting the dignity of motherhood. By recognizing the importance of maternity leave for women’s health and well-being, the court’s decision sets a precedent for ensuring that all women, regardless of their employment status, receive the support they need during this critical period. This landmark judgment underscores the need for a more compassionate and equitable approach to women’s rights in the workplace.
