Orissa High Court has declared that maternity leave and associated benefits must be extended to all female employees, regardless of their employment status—be it permanent, temporary, or contractual.
The decision, delivered by a Division Bench comprising Justices Dixit Krishna Shripad and Mruganka Sekhar Sahoo, upholds a 2022 single-judge verdict in favor of Anindita Mishra, a contractual employee with the Health and Family Welfare Department of the Odisha government.
Maternity Leave Background: A Fight for Rights and Recognition
The case dates back to August 2016, when Anindita gave birth to a daughter and applied for six months of maternity leave, submitting all required medical documentation.
Her request was denied on June 7, 2017, solely on the grounds that she was a contractual employee.
Anindita challenged the decision in the Orissa High Court, which ruled in her favor in August 2022, directing the government to sanction her leave in accordance with the Maternity Benefit Act, 1961.
The state government appealed the ruling, arguing that contractual employees are governed by the terms of their contracts and therefore not entitled to maternity benefits.
However, the Division Bench dismissed the appeal on June 24, 2025, calling the earlier judgment “sound and unassailable”.
Court’s Observations: Humanity, Womanhood, and Constitutional Rights
The High Court strongly rebuked the government’s stance, stating that denying maternity benefits based on employment type is “abhorrent to the notions of humanity and womanhood.”
The judges emphasized that all women employees form a single, homogenous class for the purpose of availing maternity benefits, and any artificial bifurcation based on job status violates Article 14 of the Constitution, which guarantees equality before the law.
The judgment also invoked international conventions such as the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), to which India is a signatory.
These treaties obligate the state to ensure maternity leave and comparable social benefits through its policies and programs.
Zero Separation: A Fundamental Right for Mother and Child
In a deeply empathetic observation, the court highlighted the concept of “zero separation” between a lactating mother and her newborn.
It stated that a mother has a fundamental right to breastfeed her baby during its formative years, and the baby has an equal right to be breastfed and raised in a healthy environment.
These rights, the court said, form the basis for the state’s obligation to provide maternity benefits.
The bench also cited expert opinions from child psychiatrists and obstetricians, noting that physical companionship between mother and child promotes healthy bonding and is essential for their well-being.
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