HIMACHAL PRADESH HIGH COURT: MATERNITY LEAVE IS A FUNDAMENTAL RIGHTS; THE DENIAL OF IT VIOLATES ARTICLE 29, 30 OF CONSTITUTION

The Himachal Pradesh High Court in the case State of HP Vs Sita Devi observed and has reiterated that every woman is being entitled to the maternity leave, irrespective of her employment status.

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The bench comprising of Justice Tarlok Singh Chauhan and Justice Virender Singh in the case observed and has stated that the maternity leave aims to protect the dignity of motherhood and also to ensure the well-being of both the woman and her child.

The court observed that the respondent in the instant case being a daily wage woman employee at the time of advance pregnancy could not have been compelled to undertake hard labour, as the same would have been detrimental to not only to her health and safety but also to the child health, safety and growth. Therefore, the maternity leave being the fundamental right of the of the respondent and the court cannot deny the same. Thus, it has clearly been stated that the action of the petitioner is violative of Articles 29 and 39D of the Constitution of India.