The Madras High Court pulled up officials for coming in the way of extending maternity benefits to women employees.
The Madras High Court has observed that maternity benefits should not be denied to women merely on the basis of technicalities and strict interpretation of rules.
“In Hindu mythology, women, who respect elders and sacrifice their lives for the welfare of the husband’s family, are portrayed as equal to or even greater than men and are considered equivalent to Gods,” The court has reprimanded the government officials for taking a stand with regard to providing maternity benefits to women employees.
The second bench comprising Justices S Vaidyanathan and Mohd Shafiq observed that though the Central as well as the State Governments are liberally implementing various schemes for the welfare and upliftment of women, the authorities concerned do not implement and allow those benefits to reach the women. for some outside consideration.
The remarks were made while dismissing a writ appeal filed by the Tamil Nadu State Transport Corporation (Coimbatore) Ltd. The bench refused to accept the Corporation’s contention that a non-permanent female employee who had put in only 145 days of service was not eligible for paid maternity leave as the minimum requirement was 160 days.
call for a liberal approach
Emphasizing the need for a liberal interpretation of the rules for the benefit of 180 days paid maternity leave to women employees, the judges said, it must be remembered that the birth of a child is tantamount to the rebirth of a mother and if a woman is not pregnant Taking proper care during pregnancy can put the life of the baby as well as the mother at risk.
“A woman has to sacrifice many things during pregnancy. Labor pain is measured by a system/unit called ‘DOL’ and the woman experiences 57 DOL, similar to 20 bones fractured simultaneously, which a normal human being, including a man, cannot bear. The Division Bench wrote while highlighting the immense physical pain suffered by the women.
This is why most countries, including China, Pakistan, Singapore, Australia, and Cuba, have liberal policies when it comes to providing maternity and paternity leave to their citizens. Therefore, it was necessary not to deny such benefit to a woman merely on the basis of technicality and strict interpretation of the rules, the bench concluded.