Maternity leave of 180 days a Fundamental Right, RSRTC ordered to implement: Rajasthan HC [Read Order]

Rajasthan: The Rajasthan High Court has delivered a significant judgment, holding that maternity leave of 180 days is a fundamental right for women employees and cannot be denied under any circumstances.

Justice Anoop Kumar Dhand, while allowing a writ petition, directed the Rajasthan State Road Transport Corporation (RSRTC) to grant 180 days of maternity leave to the petitioner-employee.

The court noted that the petitioner had been granted only 90 days of maternity leave as per RSRTC regulations, while other government employees were entitled to 180 days.

The court observed, “Maternity benefits are not merely derived from statutory rights or contractual agreements between employer and employee; they are a fundamental and integral aspect of a woman’s identity and dignity when she chooses to start a family and bear a child.”

Addressing the applicability of constitutional rights, the court stated, “The freedom to bear a child is a fundamental right guaranteed by the Constitution under Article 21, and the choice not to bear a child is an extension of this right. Any attempt to obstruct a woman from exercising this right violates her fundamental rights enshrined in the Constitution and contradicts the principles of social justice.”

The court held that denying 180 days of maternity leave to RSRTC employees was discriminatory and violative of Articles 14 and 21 of the Constitution. It directed RSRTC to grant the petitioner 180 days of leave or compensatory salary within 3 months.

Additionally, the court issued directions to the central and state governments to ensure all unrecognized and private sector employers provide 180 days of maternity leave to female employees.

The court concluded by recommending that RSRTC amend its regulations to increase maternity leave from 90 to 180 days, in line with the Maternity Benefit (Amendment) Act, 2017.

 [Read Order]