Contractual Working Woman Entitled To Maternity Benefit: Delhi HC

The Delhi High Court has observed that pregnant working women are entitled to maternity benefits and cannot be denied relief under the Maternity Benefit Act, 2017, solely due to the nature of their employment.

In the instant case, the employer, i.e., the respondent, admittedly extended benefits arising out of the Maternity Benefit Act to the permanent/regular employees attached to the respondent, however, has been denying such benefits to contractual employees, such as the petitioner herein. 

The argument advanced on behalf of the respondent that the petitioner is entitled to her maternity benefits for the reason of being a contractual employee is completely devoid of merit. 

"Nature certainly does not discriminate on the basis of the nature of employment of a woman when it blesses her with a child", said the Court 

Medical science may have advanced over the years to facilitate the needs of the mother and child, however, the natural care that a newborn child requires cannot be dispensed away with and is also of utmost importance for the development and growth of the baby. The miracle of childbirth and the process a woman goes through during such time must not be hampered by any extraneous events that may affect the health and well-being of the mother and cause her any degree of distress.

Even in this day and age, if a woman is made to choose between her familial life and a career progression, we would be failing as a society by not providing her the means to thrive, whether in professional life or in personal life. 

"It is pertinent to note that the Act in place that grants relief to an expecting or a new mother, considers such reliefs as a "Benefit‟, when in fact the reliefs should come as a matter of right to the women employees who may be in that position", the Delhi High Court observed.

"In this respect, a positive change of perspective is also required along with a more adaptive approach in the matter of granting maternity benefits", the court added.

Ironically, the petitioner in the instant case, being appointed with the Juvenile Justice Board, was hired to protect the interest and welfare of the children who may be suffering at the hands of the criminal justice system, however, was not able to secure the benefits that were necessary for the best interest and welfare of her own child. 

The social welfare legislation of the Maternity Benefit Act certainly does not discriminate on the basis of the nature of employment of the beneficiaries. 

A duty is cast upon the State and all those who are subjects of the Act to uphold the integrity, the objective and the provisions of the legislation in its letter and spirit. Moreover, even the Constitution of India advances the ideals that have been culminated and translated into the Maternity Benefit Act.