Insta
Uttarakhand HC Upholds Rule Disallowing Maternity Benefits For State Govt Employees From Third Child Onwards
Swarajya Staff
Sep 19, 2019, 03:22 PM | Updated 03:22 PM IST
Save & read from anywhere!
Bookmark stories for easy access on any device or the Swarajya app.
In a new judgment, the Uttarakhand High Court has interpreted provisions of the Maternity Benefit Act, 1961 to mean that a government employee cannot avail of maternity benefits for her third child, reports The Times of India.
The order was passed by a bench of Chief Justice Ramesh Ranganathan and Justice Alok Verma; they overruled a previous judgment by a single bench of the same court which had rejected the state government’s rule denying maternity leave for the third pregnancy and any other after that.
The single bench had upheld the right of the petitioner to receive maternity leave, citing Article 42 of the Constitution which covers “just and humane conditions of work and maternity relief”. The Uttarakhand government in the appeal however argued that Article 42 was part of the directive principles of state policy and could not be enforced.
This contention was accepted in the appeal and the state government’s decision to deny maternity leave for the third pregnancy was upheld.
Save & read from anywhere!
Bookmark stories for easy access on any device or the Swarajya app.
Introducing ElectionsHQ + 50 Ground Reports Project
The 2024 elections might seem easy to guess, but there are some important questions that shouldn't be missed.
Do freebies still sway voters? Do people prioritise infrastructure when voting? How will Punjab vote?
The answers to these questions provide great insights into where we, as a country, are headed in the years to come.
Swarajya is starting a project with an aim to do 50 solid ground stories and a smart commentary service on WhatsApp, a one-of-a-kind. We'd love your support during this election season.
Click below to contribute.