Female Employees In Unrecognized & Private Sectors Should Also Be Granted 180 Days Of Maternity Leave: Rajasthan High Court
The Rajasthan High Court has directed the Central and State Government to issue necessary orders and instructions to all Unrecognized and Private Sectors to make suitable amendments to their provisions for grant of 180 days of Maternity Leave to female employees.
The Court recommended that Rajasthan State Road Transport Corporation (RSRTC) bring suitable amendment in Regulation 74 of the Regulations of 1965 and increase 90 days of Maternity Leave to 180 days, keeping in view the amended provisions of Section 5(3) of the Maternity Benefits (Amendment) Act, 2017 (the Act).
A Single Bench of Justice Anoop Kumar Dhand observed, “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.”
Advocate Ram Pratap Saini appeared for the petitioner, while Advocate Puneet represented the respondent.
The petitioner, employed as a conductor at the RSRTC, initially received 90 days of Maternity Leave under the organization’s existing service regulations, which were framed in 1965. She argued that the RSRTC's refusal to grant 180 days of leave, as provided under the 2017 Amendment to the Act, was discriminatory and in violation of her fundamental rights under Articles 14 and 21 of the Constitution.
The Maternity Benefit Act, 1961 provided for 12 weeks of maternity leave, but the 2017 to the Act extended this period to 26 weeks (180 days), considering the need for a longer duration to care for both the mother and newborn child. Section 5(3) of the Act, as amended, mandated that female employees in organised sectors, including RSRTC, were entitled to this extended leave period.
RSRTC, however, continued to follow its service regulations under Regulation 74 of the 1965 Employees Service Regulations, which capped maternity leave at 90 days. The petitioner argued that this regulation was outdated and no longer applicable, given the amendments made by both the Central and State Governments.
The Rajasthan High Court stated, “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.”
The Bench noted that women contributed to half of the segment of our society and therefore should be “honoured and treated with dignity at all places, including where they earn their livelihood.”
“Maternity Leave benefits are not just statutory entitlements but fundamental rights that reflects a woman’s identity and dignity when she decides to start a family. The right to bear children is protected under Article 21 of the Indian Constitution as part of the Fundamental Right to Life and Personal Liberty,” the Court observed.
Consequently, the Court held, “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 (for short, ‘the Regulations of 1965’).”
Accordingly, the High Court allowed the petition.
Cause Title: Minakshi Chaudhary v. Rajasthan State Road Transport Corporation & Anr.
Petitioner: Advocates Ram Pratap Saini and Aamir Khan
Respondent: Advocate Puneet
