In a significant ruling that underscores the importance of maternity benefits, the Rajasthan High Court has directed the Rajasthan State Road Transport Corporation (RSRTC) to grant 180 days of maternity leave to one of its female employees, aligning with the provisions of the Maternity Benefit (Amendment) Act, 2017. The judgment, pronounced by Justice Anoop Kumar Dhand in the case of Minakshi Chaudhary v. Rajasthan State Road Transport Corporation & Anr. (S.B. Civil Writ Petition No. 15769/2016), was reserved on August 28, 2024, and delivered on September 5, 2024.
Background of the Case:
The petitioner, Minakshi Chaudhary, a conductor with RSRTC, sought maternity leave of 180 days following the birth of her child. However, she was granted only 90 days of leave in accordance with Regulation 74 of the RSRTC Employees Service Regulations, 1965. Represented by her counsel, Mr. Ram Pratap Saini and Mr. Aamir Khan, the petitioner argued that the 90-day leave provision was discriminatory and did not align with the amended provisions of the Maternity Benefit Act, 1961, which now provides for 26 weeks (180 days) of maternity leave.
The respondents, represented by Mr. Puneet, contended that the petitioner was entitled to 90 days of maternity leave per the 1965 Regulations, and there was no legal basis for granting 180 days.
Key Legal Issues:
1. Entitlement to 180 Days of Maternity Leave: The primary legal issue was whether a female employee of RSRTC is entitled to 180 days of maternity leave under the amended Maternity Benefit Act, 1961, despite RSRTC’s internal regulations limiting it to 90 days.
2. Constitutional Validity of Maternity Benefits: The case also raised broader questions about the constitutional rights of female employees, specifically whether denying 180 days of maternity leave violates fundamental rights under Articles 14 (Right to Equality) and 21 (Right to Life) of the Indian Constitution.
Court’s Decision:
Justice Anoop Kumar Dhand ruled in favour of the petitioner, stating that the denial of 180 days of maternity leave was discriminatory and contrary to the amended Maternity Benefit Act, 2017. The court emphasized that motherhood is not merely a privilege but a fundamental right, and it is the duty of employers to support women in balancing their professional and reproductive roles.
Key Observations:
– On Motherhood and Maternity Leave: Justice Dhand remarked, “Motherhood is one of the most profound and rewarding experiences in a woman’s life. It is a blessing that transcends societal boundaries, cultural norms, and professional roles. Denying essential benefits to mothers and their infants equates to denying the nation its potential.”
– On Employer Obligations: The judgment highlighted, “Whatever is needed to facilitate the birth of a child to a woman, who is in service, the employer must provide, for women to effectively balance their reproductive and maternity roles.”
– On Fundamental Rights: The court noted that maternity leave benefits are not merely statutory entitlements but fundamental rights that reflect a woman’s identity and dignity when she decides to start a family. The right to bear children is protected under Article 21 of the Indian Constitution as part of the Fundamental Right to Life and Personal Liberty.
The High Court directed RSRTC to amend its regulations to align with the Maternity Benefit (Amendment) Act, 2017, which mandates 180 days of maternity leave. The court also issued a general mandamus to the Government of India and the Government of Rajasthan to ensure compliance with the amended law across all sectors, including unrecognized and private sectors.
