Right to maternity leave

 PLD 2023 Lahore 416

The right to maternity leave entitles working women to paid leave or social security benefits during a reasonable period before and after childbirth.

Maternity leave for working women is essential for safe Since safe motherhood. “It is the basic element of maternity protection.” motherhood is the fundamental right of every woman, the right to maternity leave should also have the same status. This right may also be justified under Articles 3 and 11 of the Constitution. Article 3 obligates the State to ensure the elimination of all forms of exploitation and gradual fulfillment of the principle from each according to his ability to each according to his work. Article 11 prohibits all forms of forced labour.

We have various laws in Pakistan which address the issue of maternity leave in different sectors. These include the Mines Maternity Benefit Act 1941, and the Revised Leave Rules of 1980 (framed under Section 25 of the Civil Servants Act, 1973). The Governor of the Punjab has also issued the Revised Leave Rules of 1981 in the exercise of the powers conferred under section 23 of the Punjab Civil Servants Act, 1974.

Maternity leave --- Object , purpose and scope --- Motherhood ; protection of --- Policy violating fundamental rights --- Petitioner ladies were internees with Punjab Workers Welfare Board and their grievance pertained to declining of maternity leave under Internship / Retainership Policy , 2014 --- Validity --- Maternity leave for working women is essential for safe motherhood --- It is the basic element of maternity protection --- Safe motherhood is the fundamental right of every woman and right to maternity leave should also have the same status --- Such right may also be justified under Arts . 3 & 11 of the Constitution which obligates the State to ensure elimination of all forms of exploitation and gradual fulfillment of the principle from each according to his ability to each according to his work --- All forms of forced labour are prohibited under Art . 11 of the Constitution --- Provisions of Art . 11 of the Constitution would be violated if a woman is compelled to work during advanced stages of pregnancy or immediately after childbirth --- Safe motherhood is the fundamental right of every woman and right to maternity leave is its subset and has the same status and should be reckoned as such --- Authorities could not deny that right to petitioners merely because Internship / Retainership Policy of 2014 did not provide for it --- State is prohibited under Art . 8 ( 2 ) of the Constitution from making any law and by extension , any policy that bereaves or abridges the rights guaranteed by Chap . I of Part II of the Constitution --- Petitioners were entitled to avail maternity leave with pay without any impact on their career --- High Court pointed that out that the authorities should have followed the dictum laid down in an earlier case by the ( Lahore ) High Court --

Art.25 --- Gender discrimination --- Scope --- Sex discrimination occurs when women's health needs , such as maternity care , are neglected -- Violation of right to safe motherhood constitutes an infringement of Art . 25 of the Constitution and also offends women's right to dignity guaranteed by Art . 14 ( 1 ) of the Constitution --- Such right is absolute , non - negotiable and inviolable .