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Authored by - Shivam Pandey (Intern at Legal Soch Foundation)
Meta Description - The Hon’ble Court mentioned that maternity leave is not a statutory or contractual relationship between employer and employee but it is a fundamental and integral part of a woman’s identity who has planned to start a family and hold up a child.
Keywords – Nature of employment, Maternity Leave, Women
The Maternity Benefit Act of 2017, granted as welfare and social legislation, is intended to provide relief to all women within its extent. The purpose of the legislature was never to restrict benefits based on employment nature. In this case, the respondent Delhi State Legal Service Authority (DSLSA) extended these benefits to regular employees but didn’t grant those rights to contractual ones. The court rejected the argument that contractual employees were incompetent for maternity benefits. While medical science has progressed, the care a newborn child requires remains essential, regardless of the mother's job.
"There is nothing in the language of the Act or in its provisions that suggests that a working, expecting woman would be barred from getting relief due to the sole reason of the nature of their employment, said Justice Chandra Dhari Singh." The court further mentions that carrying a child is a fundamental right that the constitution of our nation grants to all its citizens under Article 21.
Further, the court emphasized that childbirth is a natural process and shouldn't be hampered by external factors. The Act considers these benefits a "benefit," but they should be regarded as the right of women employees in such positions. A change of perspective and adaptive approach towards granting maternity benefits is crucial.
The irony was highlighted when petitioner Annwesha Deb, responsible for protecting children's welfare with the Juvenile Justice Board, couldn't secure benefits for her own child. The Maternity Benefit Act of 2017 and the Constitution of India justify ideals of non-discrimination. Thus, the court ruled that benefits should be extended based on need, not employment nature.
The court ordered the respondent to provide medical, monetary, and other benefits accrued due to pregnancy, as per the Maternity Benefit Act's terms. The petitioner would receive benefits for the standard 26 weeks under the Act. The respondent, Delhi State Legal Service Authority (DSLSA), was directed to comply within three months of the court's order.
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