Wednesday, September 10, 2025
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Rajasthan High Court Upholds 180 Days of Maternity Leave

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In a significant ruling, the Rajasthan High Court has reaffirmed the rights of female employees by emphasizing that they are entitled to a full 180 days of maternity leave.

This decision comes as a beacon of hope for working mothers across the state and underscores the importance of gender equality in the workplace.

Background and Legal Context

The Maternity Benefits Act, 1961, was enacted to protect the rights of pregnant women in the workforce.

It mandates that eligible female employees should receive maternity leave with full pay for a specified period before and after childbirth.

The Act recognizes the critical need for adequate rest, medical care, and emotional support during this crucial phase.

Until recently, the Rajasthan State Road Transport Corporation (RSRTC) had been granting only 90 days of maternity leave to its female employees.

This practice was based on Regulation 74 of the RSRTC Employees Service Regulations, 1965.

However, this fell short of the 180 days mandated by the amended Maternity Benefits Act, 1961, which came into effect in 2017.

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Court’s Verdict on Maternity Leave: Upholding Fundamental Rights

The Rajasthan High Court, in its ruling, declared that providing only 90 days of maternity leave was not only discriminatory but also violated fundamental rights guaranteed under Articles 14 (right to equality) and 21 (right to life and personal liberty) of the Constitution of India.

The Court emphasized that women employees deserve equal treatment and protection during pregnancy and childbirth.

The Court recognized that the early years of parenthood are crucial for both the mother and the child. Adequate maternity leave is not merely a benefit; it is a fundamental right that supports women’s physical and emotional well-being.

The Court drew attention to the cultural significance of caring for Indian mothers during this period. They also stressed the importance of extending the same care to the workplace.

In addition to ruling in favor of the RSRTC employee, the Court issued a general mandamus to the Government of India, Ministry of Personnel, Public Grievance, and Pension.

The mandate requires all unrecognized and private sectors to amend their provisions and grant 180 days of maternity benefits to female employees.

This move aims to create a level playing field and ensure that women’s rights are upheld universally.

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Implications and Way Forward

The Court’s decision is a significant step toward achieving gender equality in the workplace.

It sends a strong message that women’s rights cannot be compromised. It also reflects that employers must comply with legal provisions that safeguard their well-being.

While legal frameworks exist, awareness and effective implementation are crucial.

Employers across sectors must proactively educate themselves about maternity benefits and ensure that female employees receive their rightful entitlements.


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Sahiba Sharma
Sahiba Sharmahttps://sightsinplus.com/
Sahiba Sharma, Senior Editor - Content at SightsIn Plus