Woman Is Entitled To Maternity Leave Post Birth: Allahabad High Court

A woman was denied maternity leave by her workplace. She was denied the right to maternity leave after delivery by the district court. She, therefore, resorted to moving the Allahabad High Court for her rights. The High Court ruled that a woman is entitled to maternity leave even post-birth.

Right To Maternity Leave After Delivery Guaranteed

The petitioner Saroj Kumari issued a writ of certiorari at the Allahabad High Court on the judgement passed by the District Basic Shiksha Adhikari, Etah. The writ of certiorari allows higher courts to review the order passed by lower courts when petitioners feel they have been wronged.

The Etah district court denied Kumari the right to maternity leave post-delivery. The court ordered her to seek leave under child care leaves provided under the Act instead. Kumari, the petitioner was working as a primary school headmistress in Heerapur of the Etah district. The primary school falls under the Board of Basic Education, Prayagraj, and the petitioner's employment conditions are governed by Uttar Pradesh Basic Education (Teachers) Service Rules, 1981.

Kumari had given birth on 15 October 2022. She applied for maternity leave for 180 days starting October 18, 2022, till April 15, 2023. Her application was rejected the first time on grounds of incomplete annexure.

Kumari applied for maternity leave a second time starting October 30, 2022, this time filling her application keeping the prescribed format in mind. It got rejected the second time and the Etah district court stated that maternity leave cannot be granted post delivery, directing her to apply for childcare leave.

The matter finally appeared before the Allahabad High Court. Ms. Kumrai brought to justice Asutosh Srivastava's notice (the single judge hearing the matter) that she has not been remunerated since November last year.

The Allahabad High Court heard the petitioner's plea and affirmed the Maternity Benefit Act of 1961 provided for maternity leave even post-delivery.

The judge conveyed that the Maternity Benefit Act of 1961 grants women leave even post-delivery to support their functioning as autonomous women as mothers and workers. This right can even be applied to mothers who have adopted children less than three months of age.

The High Court acknowledged that it was erroneous of the District Court to relegate maternity benefit leave to child care leave as both are mutually exclusive. The court overruled the lower court's decision and directed for Ms. Kumari's monthly remuneration to be released.

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