Cuttack: The Orissa High Court has observed that denial of maternity leave is against the fundamental right to life with dignity of women as provided under Article 21 of the Constitution.
While hearing a plea of a teacher of government-aided school, the Single Bench of Justice Sashikanta Mishra said, “Maternity leave cannot be compared or equated with any other leave as it is the inherent right of every woman employee which cannot simply be denied on technical grounds. It would be preposterous to hold otherwise as it would militate against the very process designed by nature.”
“If a woman employee is denied this basic human right it would be an assault on her dignity as an individual and thereby offend her fundamental right to life guaranteed under Article-21 of the Constitution, which has been interpreted to mean life with dignity,” Justice Mishra also observed on Friday.
Swornalata Dash, an assistant teacher at the Practicing Girls’ High School, Keonjhar, had filed the petition in 2015 after the district education officer (DEO) refused to sanction maternity leave. She had applied for maternity leave until December 13, 2013, for her first delivery on June 17, 2013. She delivered a female child on August 20, 2013, and resumed her duties by submitting joining report and fitness certificate before the school headmaster on December 14, 2013, which was accepted. She subsequently applied for sanction of maternity leave but the same was denied.
The Keonjhar DEO had submitted that the Odisha Grant-In-Aid Order, 2013, is silent on the sanction of maternity leave or any kind of leave except casual leave for 15 days under the relevant provisions of Odisha Leave Rules, 1966, and Odisha Service Code.
While directing the Keonjhar DEO to sanction her leave within four weeks, Justice Mishra added, “Even though the said observations were made keeping the provisions of the Maternity Benefit Act, 1961, in view, they would be equally applicable to women employees to whom the Act does not apply. The refusal by the authorities to sanction maternity leave to Swornalata Dash is contrary to law and therefore, cannot be sustained.”
