Denial of maternity leave an assault on women's dignity and fundamental rights: Orissa High Court
maternity leave to female employees is not just a violation of their rights but an assault on their dignity and right to life. As per ToI report, Justice Sashikanta Mishra ordered that maternity leave is an inherent right of every woman employee and cannot be denied on technical grounds, as it goes against the natural order of life. The case in question involved Swornalata Dash, an assistant teacher at the Practicing Girls’ High School, Keonjhar, an aided educational institution.
She had petitioned the court in 2015 after her maternity leave request was rejected by the district education officer (DEO). The Keonjhar DEO had argued that the Odisha Grant-In-Aid Order, 2013, does not mention maternity leave, citing only provisions for casual leave under the Odisha Leave Rules, 1966, and Odisha Service Code. However, Justice Mishra opined that this reasoning applies even to women employees not covered by the Maternity Benefit Act, 1961.
The court ruled in favor of Swornalata Dash, emphasizing that the refusal to grant her maternity leave was unlawful and ordered the Keonjhar DEO to approve her leave within four weeks. As per the case records, Swornalata Dash had applied for maternity leave from June 17, 2013, to December 13, 2013, for the birth of her first child, born on August 20, 2013. As per the Maternity Benefit (Amendment) Act 2017, maternity leave in Odisha was raised from 12 weeks to 26 weeks last year.
The prenatal leave was also extended from six to eight weeks. However, a woman already with two or more children is entitled to 12 weeks’ maternity leave. The prenatal leave in this case remains six weeks.
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