MUMBAI, MAHARASHTRA – In a significant ruling upholding the rights of working mothers, the BOMBAY HIGH COURT on January 24, 2024, declared that working women should not be compelled to sacrifice motherhood for their careers. The division bench of JUSTICES AS CHANDURKAR and JITENDRA JAIN directed the STATE OF MAHARASHTRA, the DIRECTORATE OF MEDICAL EDUCATION AND RESEARCH, and the DEAN OF GRAND MEDICAL COLLEGE to pay maternity benefits to a doctor who was denied the same due to her contractual employment status. This landmark decision reinforces the principle that maternity benefits are an indispensable right, regardless of the nature of employment, and serves as a powerful statement against discriminatory practices towards women in the workforce.

The case was brought before the High Court by DR. PRATIMA RATHOD, who was employed as a Senior Resident Doctor at GRANT MEDICAL COLLEGE in MUMBAI on a contractual basis. DR. RATHOD had taken maternity leave from AUGUST 23, 2022, to FEBRUARY 18, 2023, following the birth of her child. Despite availing the leave, her request for maternity pay was denied by the authorities. The refusal was predicated on the argument that since she was a contractual employee, she was not entitled to such benefits. This denial prompted DR. RATHOD to seek legal redress, challenging the narrow interpretation of existing labour laws and advocating for the fundamental rights of working women.

During the proceedings, DR. RATHOD’s counsel vehemently argued that the MATERNITY BENEFIT ACT OF 1961 makes no distinction between permanent and contractual employees regarding entitlement to maternity benefits. The essence of the argument highlighted that the purpose of the Act is to protect the dignity of motherhood and to ensure that women are not disadvantaged in their professional lives due to their biological role in procreation. To deny a contractual employee these benefits would not only contravene the spirit and letter of the Act but also perpetuate a system where women in precarious employment situations are disproportionately affected. The counsel further emphasized that such a denial forces women to make an untenable choice between their professional commitments and their familial responsibilities, particularly during a crucial period of childbirth and early childcare.

The BOMBAY HIGH COURT critically examined the provisions of the MATERNITY BENEFIT ACT OF 1961. The judges noted that the Act defines "woman" as "a woman employed, whether directly or through any agency, for wages in any establishment." This broad definition, the Court concluded, unequivocally covers contractual employees like DR. RATHOD. The bench underscored that the legislative intent behind the Act was to provide comprehensive support to all working women, thereby ensuring their economic security and physical well-being during and after pregnancy.

In their detailed order, JUSTICES AS CHANDURKAR and JITENDRA JAIN observed, "Working women cannot be forced to make a choice between their career and motherhood. If an employer fails to provide maternity benefits as mandated by law, it amounts to an arbitrary and discriminatory practice." The Court recognized that denying maternity benefits solely based on the contractual nature of employment would defeat the very object of the MATERNITY BENEFIT ACT and would be contrary to constitutional guarantees of equality and dignity. The ruling pointed out that the STATE OF MAHARASHTRA, as an employer, has a constitutional obligation to implement policies that promote gender equality and protect the rights of its female employees.

The judgment also referenced various precedents and international conventions that affirm the importance of maternity protection as a fundamental labour right and a human right. It reiterated that maternity benefits are not merely a welfare measure but a necessary provision to ensure women’s participation in the economy without undue hardship. The Court’s decision effectively closes a loophole that employers might have exploited to deny benefits to a significant segment of the female workforce, particularly those in temporary or contractual roles.

The High Court allowed DR. RATHOD’S petition, directing the respondents to pay her the maternity benefits she was entitled to. This order not only provides relief to DR. PRATIMA RATHOD but also sets a crucial precedent for countless other contractual female employees across various sectors. The ruling sends a strong message to employers, both public and private, that they must comply with the MATERNITY BENEFIT ACT OF 1961 in its full scope, ensuring that no working woman is deprived of her maternity rights simply because of the terms of her employment. This decision is a progressive step towards creating a more equitable and supportive work environment for women in INDIA, aligning legal frameworks with the evolving societal understanding of gender equality and maternal welfare.