Maternity Leave should not be denied to Women, Not even to Contractual Women Employees
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In a landmark judgment, the Orissa High Court has clearly stated that contractual women employees cannot be denied maternity leave and related benefits. The court said that refusing such rights based on employment type goes against basic human values and respect for womanhood.
The Case: Anindita Mishra’s Fight for Maternity Leave
The case was about Anindita Mishra, a woman who was hired on a contractual basis by the Odisha state government in May 2014. In August 2016, she gave birth to a baby girl and applied for six months of maternity leave. She also submitted all required medical documents.
However, the state government rejected her application, saying that contractual employees are not entitled to maternity benefits. This led to a legal battle.
What the Court Said
A division bench of the High Court, including Justice Dixit Krishna Shripad and Justice Mruganka Sekhar Sahoo, strongly disagreed with the state’s argument. They said that many women in India, due to poverty and lack of education, have no option but to take up any kind of job—whether public, private, or contractual—to earn a living.
They added that just because the government cannot provide permanent jobs to everyone doesn’t mean that basic rights like maternity leave can be denied.
The judges also referred to an old Sanskrit saying: “Yatra naaryaastu pujyante ramante tatra devatah”
which means “Gods dwell where women are respected.”
They said such values should guide government policies, especially those related to the welfare of women.
Previous Judgment and Final Decision
Earlier in 2022, a single-judge bench had already ruled in Anindita Mishra’s favor. That decision said she was wrongly denied maternity leave and ordered the state to grant it. But the state government challenged this decision and appealed to a larger bench.
Now, the division bench has upheld the earlier ruling, confirming that the government must provide maternity leave, even to contractual employees.
What the Law and International Rights Say
The High Court also referred to Article 10(2) of the International Covenant on Economic, Social and Cultural Rights (ICESCR). This article says that mothers must be given special protection and help before and after childbirth.
The court highlighted that maternity leave is not just a job benefit—it is about the bond between mother and child. The judgment said:
“A lactating mother has a fundamental right to breastfeed her baby, and similarly, a baby has a right to be breastfed and raised in a healthy environment.”
Why This Judgment Matters
This decision is important because it:
- Supports the rights of women working on contract.
- Reinforces the idea that maternity leave is a basic human right, not a privilege.
- Encourages the government and employers to treat all women employees equally, regardless of job type.
