High Court issues rule challenging validity of provision limiting maternity leave

The High Court on Monday (June 29) issued a rule asking why legal provisions restricting maternity leave and benefits for working women should not be declared unconstitutional.

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

The bench of Justice Fahmida Quader and Justice Mohammad Asif Hasan passed the order after holding a preliminary hearing on a public interest litigation (PIL) filed by Supreme Court lawyer Ishrat Hasan, who named 12 respondents, including the cabinet secretary and the law secretary.

In the rule, the court questioned the constitutional validity of Section 46(2) and the proviso to Section 46(1) of the Bangladesh Labour Act, 2006, as well as Rule 197 of the Bangladesh Service Rules, which limit maternity leave and benefits. The court asked why these provisions should not be declared inconsistent with Articles 7, 15, 18, 26, 27, 28, 29, 31 and 32 of the Constitution.

The HC also sought to know why separate maternity leave policies for public and private sector employees should continue and why the authorities should not be directed to adopt a single, non-discriminatory policy ensuring equal maternity rights for all working women.

According to the petition, maternity leave is not a population control measure but a constitutional right linked to the health, dignity and equality of mothers and newborns. It argues that denying maternity benefits for a third or subsequent child is discriminatory and violates the constitutional guarantee of equality and fundamental rights.

The petition further states that maintaining separate maternity leave provisions for government and private sector employees creates unjustified discrimination among working women, undermining their constitutional right to equal protection of the law.

Following the order, petitioner Ishrat Hasan said the case seeks to ensure equal and non-discriminatory maternity rights for all working women in Bangladesh.

"Maternity is not a matter of punishment; it is a constitutional right that deserves state protection," she said, adding that the final verdict could set a significant legal precedent on maternity rights, gender equality in the workplace and labour rights in Bangladesh.