Source: Allahabad High Court

Why in News?

Justice Manish Mathur has observed that there is no bar on claiming second maternity benefits within two years from the first one.

• The Allahabad High Court gave this judgment in the case of Smt. Sonali Sharma v. State Of UP Thru. Prin. Secy. Deptt. Dibyangjan Sashaktikaran Lko. And Two others.

What is the Background of Smt. Sonali Sharma v. State Of UP Thru. Prin. Secy. Deptt. Dibyangjan Sashaktikaran Lko. And Two others Case?

• Petitioner filed an application for second maternity leave, which was rejected.
• So, petitioner approached to the HC seeking a direction to Dibyangjan Sashaktikaran Nideshalaya, Uttar Pradesh to grant maternity leave to the petitioner with full salary.
• The court had read down the provisions regarding the admissibility of leave to a woman for a second pregnancy as the same would be governed by the Maternity Benefit Act, 1961 and not the Financial Handbook.
• The court held that there is no bar on taking a second maternity leave within 2 years from the grant of first maternity benefit and directed Director, Dibyangjan Sashaktikaran Nideshalaya Lucknow, UP to sanction ‘Maternity Leave’ to the petitioner with effect from 14^th August 2023 till 09^th February 2024 along with all service benefits.

What was the Court’s Observation?

• The provisions of Maternity Benefit Act, 1961 being a beneficial legislation would have overriding effect over the provisions of Financial Handbook. It was being specifically held that Second Maternity Leave within a period of two years from the grant of First Maternity Leave is admissible.

What is the Landmark Judgment Cited in the Case?

• Anupam Yadav & Ors v. State of UP & Ors. (2022):
  • The Allahabad HC held that ‘once the provisions of the Maternity Benefit Act, 1961 has been adopted by the State of UP as held by this court then the said Act of 1961 would apply with full force irrespective of the provisions contained in the Financial Handbook which is merely an executive instruction and would in any case be subsidiary to the legislation made by the Parliament.
• Satakshi Mishra v. State of UP (2022):
  • The Allahabad HC held that the Maternity Benefits Act, 1961 does not contain any such stipulation regarding the time difference between the first and second child for the grant of maternity benefits.

What is the Maternity Benefit Act, 1961?

• About:
  • The Maternity Benefit Act, 1961 is legislation that benefits the employment of women during the time of their maternity.
  • It ensures the women employee of ‘maternity benefits’, which is getting their salary paid during their absence from work to take care of the newborn child.
  • This applies to any establishment employing more than 10 employees. This act was further amended under the Maternity Amendment Bill, 2017.
  • The act is an important piece of legislation that protects the dignity of motherhood.
  • It also helps ensure that working women are able to provide proper care for their children. In addition to protecting the rights of women, maternity benefits also help women with their finances.
• Eligibility:
  • To be entitled to access the benefits under the act, the employee (women) must be employed with the establishment for a period of 80 odd days in the past twelve months.