The Orissa High Court has recently delivered a significant verdict affirming that the denial of maternity leave is a violation of the fundamental right to life with dignity guaranteed under Article 21 of the Constitution.
The ruling came while providing relief to a teacher employed in a government-aided school. Justice Sashikanta Mishra, presiding over a Single Bench, emphasized that maternity leave is a basic human right for every woman employee and cannot be denied on mere technical grounds.
The case revolved around Swornalata Dash, an assistant teacher at the Practicing Girls' High School in Keonjhar district. In 2013, she applied for maternity leave until December 13, 2013, for her first delivery on June 17, 2013. After giving birth to a baby girl on August 20, 2013, she resumed her duties on December 14, 2013, following the submission of a joining report and fitness certificate, which were accepted by the school's headmaster. However, her application for maternity leave was subsequently denied by the District Education Officer (DEO) in Keonjhar.
The DEO cited the Odisha Grant-In-Aid Order, 2013, which was silent on the sanction of maternity leave or any other type of leave except for a 15-day casual leave under the relevant provisions of Odisha Leave Rules, 1966, and Odisha Service Code.
Justice Mishra, in his ruling, emphasized that maternity leave is not comparable or equatable to other types of leave. It is an inherent right of every woman employee, and denying it would be a violation of nature's designed process. He cited the authoritative observations made by the Supreme Court in the case of Municipal Corporation of Delhi v. Female Workers (Muster Roll) & Anr., which highlighted the need for employers to be considerate and sympathetic towards pregnant women in the workplace.
Furthermore, the High Court clarified that the mentioned observations from the Supreme Court, even though referring to the provisions of the Maternity Benefit Act, 1961, are equally applicable to women employees to whom the Act does not apply. The Court emphasized the obligation of employers to follow the constitutional provisions under Articles 39 and 42, which mandate protection and provisions for maternity rights.
In conclusion, the Orissa High Court firmly established maternity leave as an essential component of a woman's right to life with dignity. The denial of such leave was deemed contrary to the law and therefore, not sustainable. The Court ordered the Keonjhar DEO to grant maternity leave to Swornalata Dash within four weeks, reinforcing the importance of upholding women's fundamental rights in the workplace.
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