Madras HC’s Bold Stand on Maternity Leave
In a landmark ruling, the Madras High Court has taken a firm stance against the denial of maternity leave, labeling the actions of a judicial magistrate as “inhuman.” This decision came in response to the case of an office assistant who was denied maternity leave due to her remarriage after the death of her first husband.
Details of the Case
The judicial magistrate in Thiruvarur, Kodavasal, returned the application for maternity leave on the grounds of insufficient proof of the second marriage, even speculating that the marriage occurred after the woman became pregnant. This perception, however, was met with strong opposition from a division bench comprised of Justice R Subramanian and Justice G Arul Murugan.
A Shift in Perspective
Setting aside the magistrate’s order, the High Court emphasized that maternity leave is a right for married women, asserting that a marriage does not necessarily need to be registered. The bench highlighted that even live-in relationships are recognized by the Supreme Court, urging the judicial officer to adopt a more contemporary view.
Compensation for Mental Agony
In a significant move, the High Court directed the registrar-general to compensate the woman with ₹1 lakh for the distress caused by the denial of her rightful leave. This ruling not only reinforces the importance of maternity rights but also serves as a reminder for judicial officers to align with progressive societal norms.
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