HC questions legality of restricting maternity leave benefits

The High Court on Monday issued a rule asking why legal provisions restricting maternity leave and benefits should not be declared unconstitutional and illegal.

The court also sought an explanation as to why the authorities should not be directed to formulate a uniform policy ensuring equal maternity leave and benefits for working women in both the public and private sectors.

The bench comprising Justice Fahmida Quader and Justice Mohammad Ashif Hasan passed the order following a public interest litigation (PIL) filed to ensure maternity rights for working women in Bangladesh.

The court asked the Cabinet Secretary, the Secretary of the Ministry of Law and other relevant authorities to respond to the rule.

According to the petition, maternity leave and related benefits are not population control measures but fundamental rights linked to the health, dignity, equality and constitutional protections of mothers and newborns. It argued that denying these benefits to women for a third or subsequent child is discriminatory and inconsistent with the Constitution.

The petition further stated that the existence of different maternity leave policies in the public and private sectors creates inequality among working women and conflicts with the constitutional principles of equality and equal protection under the law.

TZ