The Rajasthan High Court has ruled that providing only 90 days of maternity leave to female employees of the Rajasthan State Road Transport Corporation (RSRTC) under Regulation 74 of the RSRTC Employees Service Regulations, 1965, is discriminatory and violates fundamental rights guaranteed by Articles 14 and 21 of the Indian Constitution. The court emphasised that the Maternity Benefits Act, 1961, as amended in 2017, mandates 180 days of maternity leave.
Justice Anoop Kumar Dhand, who presided over the case, urged RSRTC to amend Regulation 74 to align with the law and extend the maternity leave to 180 days. Additionally, the court issued a broader directive to the Government of India, urging the Ministry of Personnel, Public Grievances, and Pensions to ensure that both unrecognised and private sectors also adopt the 180-day maternity leave policy for female employees.
This decision came in response to a petition filed by a pregnant woman working as a conductor at RSRTC, who sought an increase in her maternity leave from 90 to 180 days. The court highlighted that maternity leave is not merely a benefit but a fundamental right necessary for the well-being of both mother and child. Limiting maternity leave to 90 days, the court argued, denies women equal opportunity in the workplace based on their maternal responsibilities.
