The Bombay High Court has ruled that maternity leave cannot be considered a break in service and that compulsory service bonds cannot override a woman’s fundamental right to motherhood protected under Article 21 of the Constitution of India.
The Court observed that contractual obligations, including service bonds, cannot be used to penalise a woman for exercising her maternity rights. The ruling came while hearing a writ petition challenging the imposition of a penalty on a woman doctor for allegedly failing to complete a bond period after she went on maternity leave during her service as an Assistant Professor under the Social Responsibility Service Scheme.
A Division Bench comprising Justice Anil S. Kilor and Justice Raj D. Wakode held that maternity leave is a protected right and cannot be treated as a disruption in service. The Bench stated that no bond or agreement can override a woman’s entitlement to maternity leave, which forms part of the right to life and dignity guaranteed under Article 21.
The Court further noted that any contract or bond that attempts to penalise a woman for availing maternity leave would be inconsistent with the provisions of the Maternity Benefit Act, 1961. Under Section 27 of the Act, its provisions override any conflicting law, agreement, or service condition.
Background of the Case
The petitioner, a dental professional, had completed her postgraduate studies and later applied for a government scheme requiring medical graduates who received subsidised education to serve in government institutions for a fixed period. Under the scheme, she was appointed as an Assistant Professor in a government dental college for a one-year bond period.
During her tenure, the petitioner became pregnant and applied for maternity leave, which was granted. She gave birth during the leave period.
After the leave ended, she approached the authorities to resume duties and complete the remaining part of the bond period. However, officials informed her that the maternity leave would not be counted as part of her service tenure and that she would have to complete the full bond duration separately. A penalty was also imposed for allegedly failing to complete the required bond service. Challenging this decision, the petitioner moved the High Court.
Court’s Observations
The Court highlighted the social and medical importance of maternity leave, stating that it allows women to safely undergo childbirth, recover physically and emotionally, and care for their newborn without fear of losing their job or facing penalties.
The judges noted that pregnancy and childbirth involve significant physiological and psychological changes, making the period before and after delivery crucial for both mother and child. Maternity leave, therefore, plays a vital role in protecting the health and well-being of both.
The Bench also emphasised that the right to life under Article 21 includes the right to live with dignity, which extends to the protection of motherhood and maternal health.
Rejecting the argument that the scheme lacked a specific provision allowing maternity leave during the bond period, the Court clarified that constitutional and statutory rights cannot be restricted simply because service rules or contracts do not expressly mention them.
Final Decision
Allowing the writ petition, the Court held that the period during which the petitioner was on maternity leave must be treated as part of her service tenure.
The Bench ruled that she is entitled to receive salary for the maternity leave period and directed the authorities to withdraw the penalty imposed for the alleged non-completion of the bond period.
