KNOWLEDGE BASE

MATERNITY LEAVE CANNOT BE GROUNDS FOR DEMOTION

Rakhi Bisht case: Delhi HC held that maternity leave cannot harm a woman’s post, status, responsibilities or career progression, reinforcing workplace equality and dignity under Articles 14, 15, 21 and 42.

News: In Rakhi Bisht vs. Union of India, Delhi HC held that maternity leave cannot adversely affect a woman’s post, status, responsibilities or career progression.

Key Points:

  • Right to Restoration: Same post on return; if unavailable, an equivalent post in pay, grade, status and responsibilities.
  • Court directed rules on pregnancy accommodation, role protection, return-to-work parity, lactation support and grievance redressal.
  • Maternity cannot become a source of workplace discrimination or humiliation.

Constitutional Basis:

  • Article 14 – Equality | Article 15 – Non-discrimination | Article 21 – Dignity | Article 42 – Humane work conditions + maternity relief.
  • Significance: Strengthens gender equality, dignity and substantive workplace equality.
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