March 17, 2025 - Rajasthan High Court has given a ruling on maternity leave, saying that a mother is a mother, irrespective of whether she is a regular employee or a contractual employee. Judge Anoop Kumar Dhand issued this order accepting the petition of Basanti Devi in a 17-year-old case.

Basanti Devi had been appointed as a nurse Grade-II in 2003 and gave birth to a daughter in 2008. She applied for six months of maternity leave but because she was a contractual employee, was only granted two months. She challenged this in her petition.

The Court said that it regarded providing only two months of maternity leave to a contractual worker as a violation of Articles 14 and 21 of the Constitution.

Issuing a directive that the petitioner be given additional wages for the remaining four months, with 9% annual interest, the Court said that new-borns of contractual employees have the same right to life as those of regular employees.

What the High Court said…

The fundamental right to life under Article 21 of the Constitution includes the right to motherhood. This also includes the child’s right to receive full love and care from the mother. The right to become a mother cannot be a reason to deprive a female contractual worker of equal opportunities. The government is obligated to provide every facility for the health of working women's children.

Every mother should receive equal maternity leave, whether she is employed on a contract or ad-hoc basis. Attempting to deny any woman this right is contrary to her fundamental rights and the principles of natural justice.