In an important ruling on maternity rights, the Rajasthan High Court has held that denying full maternity leave to contractual employees while granting it to regular employees is a violation of fundamental rights under Article 14 (Right to Equality) and Article 21 (Right to Life and Personal Liberty) of the Indian Constitution.
The case involved a woman who was working on a contractual basis and was granted only two months of maternity leave in 2008, despite the fact that regular female employees were entitled to 180 days of maternity leave under government policy. She approached the court seeking justice, arguing that she was unfairly denied her full maternity benefits.
After reviewing the case, the High Court ruled in her favor, stating that contractual employees should not be treated differently when it comes to essential benefits like maternity leave. The court directed the State Government to pay her the salary for the remaining period of maternity leave (equivalent to four months’ salary) along with 9% interest per annum.
This judgment reinforces the principle that maternity rights are fundamental and should be applied equally to all women employees, irrespective of their employment status. The decision sets an important precedent for future cases involving maternity benefits for contractual workers across India.
