Maternity Leave Benefit Is Not A Matter Of Charity, Says Delhi District Judge Hearing Woman’s Plea

The Logical Indian Crew India

October 16th, 2019 / 7:43 PM

Delhi, District Judge, Maternity Leave, Feminism

Image Credits: Pixabay

A judge from Delhi’s Tis Hazari Court surprised everyone when he quoted eminent Hollywood personalities like Oprah Winfrey and Meryl Streep while hearing a case on a woman’s maternity leave. 

Judge Mohd Farrukh while hearing the 2009 case, quoted Oprah saying, “The choice to become a mother is the choice to become one of the greatest spiritual teachers there is. Grant of maternity leave benefit is not a matter of charity.”

He went on to quote other feminist actors while upholding a Rs 2.5 lakh compensation to a woman who was terminated for extending her maternity leave, as reported by The Times Of India.

The case involved a woman who was working for Delhi Council for Child Welfare, an NGO, when she applied for maternity leave from December 30, 2008, to February 28, 2009.

Later on, she requested an extension till March 30, 2009, stating that she wasn’t medically fit to commence her work but when she went to resume work on April 1, 2009, she was already terminated.

A termination letter was sent to her, on April 13, in response to which she sent a legal notice to her employer, ten days later. On May 29, her employer replied to the notice with a cheque of Rs 98,271 as final settlement.

On August 20 2018, the district court convicted the employer noting that the woman should have been given a show-cause notice before her termination and slapped the NGO with a fine of Rs 2.5 lakhs.

The compensation order was challenged in front of Judge Farrukh, stating that the woman was entitled to only 12 weeks of leave under the Maternity Act of 1961, hence violating no law.

But Judge Farrukh highlighted a provision in the act that enabled the mother to avail a month’s additional leave over the granted 12 weeks, making her extension permissible under the law.

Quoting veteran actor Meryl Streep, he said, “Motherhood has a very humanising effect. Everything gets reduced to essentials.” He even cited Catherine Zeta-Jones, who had once said, “Whether your pregnancy was meticulously planned or medically coaxed, or happened by surprise, your life will never be same.”


Also Read: Parliament Clears Landmark Bill; Maternity Leave Raised From 12 Weeks To 26 Weeks


Contributors

Written by : Sanika Athavale

Edited by : Shubhendu Deshmukh

Related Stories

Uttarakhand High Court: No Maternity Leave For State Govt Employees For Third Child

Justice Chelameswar CJI Sexual Harassment

‘CJI Sexual Harassment Case A Systematic Failure’: Retd SC Judge Says Due Procedure Not Followed In The Case

Army Jawans Allegedly Rape

Pune: Four Army Personnel Booked For Allegedly Raping A Speech & Hearing Impaired Woman

Maternity Scheme RTI

Out Of Rs 336 Cr, UP Govt Has Not Spent Single Penny For Mothers Under PM’s Maternity Scheme: RTI

Demonetisation Woman Meenakshi

Unable To Exchange Demonetised Notes, This Hearing Impaired Woman Threw Savings Of 15 Yrs Into A River

SC Adjourn 35A

SC Adjourns Hearing On Plea Against Article 35A, Unrest In Valley Over Rumour Of Scrapping It

Latest on The Logical Indian

News

Detained For Over 110 Days Under PSA, Farooq Abdullah Named On A Defence Panel By Centre

News

Chhattisgarh Panchayat Penalises Gang-Rape Survivor Rs 5,000 For Going To Cops, Bringing Disrepute To Village

News

State-Run Banks Disbursed Over ₹2.5 Trillion In Loans In October: Finance Ministry

News

Kerala: 10-Yr-Old Girl Dies Of Snakebite In School; Teachers, Doctors Accused Of Negligence

Exclusive

ABVP Protests Against JNU Fee Hike, Demands Dissolution Of High-Level Committee Formed By HRD Ministry

Fact Check

Fact Check: Viral Photo Of Ranu Mondal’s Makeover Is Fake, Makeup Artist Shares Real Pictures

x

Stories that deserve attention, delivered to your inbox!

Handpicked, newsworthy stories which deserve the attention of a rational generation.