Cuttack: The Orissa High Court has held that a woman employed on a contractual basis is entitled to maternity leave and associated benefits.
The court observed that discrimination based on employment status violates Article 14 of the Constitution, which guarantees equality before the law. “Denying maternity benefits on the basis of nature of employment is abhorrent to the notions of humanity and womanhood,” the bench of Justice Dixit Krishna Shripad and Justice M S Sahoo said, while hearing a case concerning Anindita Mishra recruited on a contractual basis by the state government in May 2014.
After giving birth in August 2016, she applied for six months of maternity leave. Despite submitting the necessary medical certificates, the state government rejected her request, stating that maternity benefits were not applicable to contractual employees.
Challenging the decision, Mishra moved the HC the same year and a single-judge bench ruled in her favour in 2022, directing the government to grant her maternity leave. The state, however, appealed the decision.
On June 24, the division bench, however, dismissed the appeal at the admission stage, stating that it lacked merit. “The single judge has rightly granted relief to the employee, and viewed from any angle, the same cannot be faltered. The contention that the benefits of maternity leave apply only to civil servants cannot be countenanced. Women employees for the purpose of availing such benefits constitute one homogenous class. The idea of maternity leave is structured on ‘zero separation’ between lactating mother and breastfeeding baby… A lactating mother has a fundamental right to breastfeed her baby… Similarly, a baby has a fundamental right to be breastfed and brought about in a reasonably good condition,” the bench said.
Quoting from ancient texts, the bench further remarked, “Yatra naaryaastu pujyante ramante tatra devatah” — where women are honoured, the gods rejoice. Such ideal things should animate the purposive interpretation of state policy concerning the welfare of women.”
The state government has been asked to submit a compliance report to the registrar (judicial) of the court within eight weeks.
