Maternity Leave: The Rajasthan High Court has made an important decision regarding maternity leave for working women. In a recent ruling, the Court stated that all working women are entitled to 180 days of maternity leave, as outlined in the Maternity Benefit (Amendment) Act of 2017. This decision came after a case involving a woman employee from the Rajasthan State Road Transport Corporation (RSRTC). Read more court cases here.
Background of the Case
The case centered on Minakshi Chaudhary, a woman employee at RSRTC, who was granted only 90 days of maternity leave. Chaudhary argued that she should receive 180 days of leave, as mandated by the Maternity Benefit (Amendment) Act of 2017. RSRTC defended its policy, citing a state regulation that limited maternity leave to 90 days. However, the High Court found this regulation to be discriminatory.
Court’s Decision
Justice Anup Kumar Dhand directed both the Central and Rajasthan governments to update their policies. This means that all unrecognized and private sector employers must now provide 180 days of maternity leave to their female employees. The ruling emphasized that existing regulations from 1965 are outdated and must be revised to align with the 2017 amendment.
Impact on the RSRTC
The High Court’s ruling found that RSRTC’s 90-day policy violated women’s fundamental rights. The Court ordered RSRTC to grant Chaudhary the additional 90 days of leave and, if not possible, to compensate her with 90 days’ worth of salary. This decision underscores the Court’s commitment to upholding women’s rights to adequate maternity leave.
Legal and Social Implications
The ruling reflects a broader understanding of maternity leave as not just a statutory right but a fundamental aspect of a woman’s dignity and health. The Court highlighted that maternity leave is crucial for both the mother and the child’s well-being, ensuring they receive adequate rest and support during the critical early years.
The decision aligns with the Supreme Court’s stance that maternity benefits should extend to all women employees, regardless of their employment sector. This move is seen as a significant step towards better support for working mothers in India.
Future Steps
The Court has mandated that the Central and State governments issue guidelines to enforce this new standard across all sectors. This means that private and unrecognized sectors must amend their policies to comply with the 180-day maternity leave requirement. Read more court cases here.
Conclusion
The Rajasthan High Court’s decision is a landmark moment for working women in India. It reaffirms the importance of maternity leave as a fundamental right and pushes for updated regulations that reflect modern needs. For women working in unrecognized or private sectors, this ruling promises better support during one of the most critical times in their lives. Read more court cases here.
