The Rajasthan High Court has determined that refusing a female government employee 180 days of maternity leave breaches her fundamental rights.

The court highlighted that hindering a woman’s ability to exercise her right to motherhood not only violates constitutional and statutory protections but also undermines principles of social justice.

Justice Anoop Kumar Dhand, presiding over the case, ruled in favor of a government employee working as a conductor for the Rajasthan State Road Transport Corporation (RSRTC). The employee had initially been granted only 90 days of maternity leave under Regulation 74 of the RSRTC Employees Service Regulations, 1965. She petitioned the High Court to extend her maternity leave to 180 days, contending that the denial of this extended leave was discriminatory and infringed upon her rights, especially given the updated maternity leave laws in India.

The court examined the arguments and acknowledged that, although the RSRTC regulation limited maternity leave to 90 days, the broader legal framework and recent amendments—such as the recommendations from the Fifth and Sixth Pay Commissions and the 2017 Maternity Benefit (Amendment) Act—demonstrate an evolved understanding of maternity leave requirements, which now extend to 180 days under the updated regulations.

The Court underscored the importance of early parenthood and the need for adequate maternity leave, asserting that “Maternity Leave is not just a benefit but a right that supports the fundamental need of a woman to take care of her family. Whatever is needed to facilitate the birth of a child to a woman, who is in service, the employer must provide, for women to effectively balance their reproductive and maternity roles. The employer must realize the difficulties which a working woman would face in performing her duties at the workplace, while carrying a baby in the womb or while rearing up the child after birth.”

Drawing on the landmark Supreme Court case of *Municipal Corporation of Delhi v. Female Workers (Muster Roll)*, the High Court affirmed that maternity benefits must be extended to all women employees, irrespective of their employment status. The Court reinforced its decision by invoking the principles of social justice and the United Nations Convention on the Elimination of All Forms of Discrimination Against Women. It emphasized global recognition of the importance of maternity leave, referencing UNICEF’s advice that parents engage with their infants through interaction during the first six months. This underscores the necessity for mothers to spend adequate time with their babies to ensure proper care and bonding.

The court observed that Regulation 74 of the RSRTC's 1965 regulations had become outdated due to subsequent amendments to the Maternity Benefit Act. It further noted that limiting maternity leave to 90 days was discriminatory and violated the petitioner’s constitutional rights under Articles 14 and 21. Citing the 2017 Maternity Benefit (Amendment) Act, the court concluded that all female employees, regardless of their employment setting, are entitled to 180 days of maternity leave.

“Denial of 180 days of Maternity Leave to the female employees working  at RSRTC, like the petitioner, undermines a woman’s right to child birth and Maternity Leave, as provided under the Act of 1961 (as amended in 2017),” the court order mentioned.

In addition, the court directed the RSRTC to revise its regulations to grant 180 days of maternity leave to all female employees. The court also issued a general mandamus to both the Government of Rajasthan and the Government of India, urging them to ensure that similar maternity leave benefits are provided in private and unrecognized sectors.