A woman working on contract cannot be refused maternity leave just because she is not on the rolls, ruled the Orissa High Court. In the said case, the woman, Anindita Mishra, was working for the Orissa government on contractual basis. After two years of service she had applied for maternity leave in 2016 but was denied the same because of the nature of her employment.
Although she had submitted the required documents and medical certificate, she was not granted the leave because she wasn’t a permanent employee.
A division bench comprising Justices Dixit Krishna Shripad and M. Sekhar Sahoo ruled that denying maternity leave to a woman is unjust and inhumane.
About three years ago, a single-judge bench had ruled in Mishra’s favour, calling the denial of leave unfair and ordering the state government to grant her the same. However, the state government had appealed before a larger bench. Fortunately, the division bench has also ruled in her favour.
As per the court, provisions under Article 10(2) of the International Covenant on Economic, Social and Cultural Rights (ICESCR), offer special protection and assistance to mothers for a reasonable period, before and after childbirth.
The Orissa High Court reportedly stated that denying maternity leave to any woman goes against the women’s welfare; and that even Gods expect women to be respected and honoured.
The HC also stated that it is a lactating mother’s fundamental right to breastfeed her baby in its initial years in this world, and similarly, it is a baby’s fundamental right to be breastfed for its own good health. And this concept is the foundation of maternity leave.
