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1 - 4 of 4 (0.24 seconds)Article 227 in Constitution of India [Constitution]
Deepika Singh vs Central Administrative Tribunal on 16 August, 2022
5. This Court refers to the decision rendered by the Apex
Court in the case of Deepika Singh Vs Central
Administrative Tribunal and Ors reported in (2023)
13 SCC 681 wherein, the Apex Court has held that the
grant of maternity leave under 1972 Rule is intended to
facilitate the continuance of women in the workplace. It
is a harsh reality that but for such provisions, many
women would be compelled by social circumstances to
give up work on the birth of a child, if they are not
granted leave and other facilitative measures. No
employer can perceive child birth as detracting from the
purpose of employment. Child birth has to be construed
in the context of employment as a natural incident of life
and hence, the provisions for maternity leave must be
construed in that perspective.
K. Umadevi vs The Government Of Tamil Nadu on 25 January, 2023
6. This Court also refers the decision rendered by the Apex
Court in the case of K.Umadevi Vs Government of
Tamil Nadu reported in 2025(0) AIJEL-SC 75408
wherein it is held that right to life includes all the finer
graces of human civilization, thus rendering this
fundamental right a repository of various human rights.
Right to life also includes the right to health. Right to
live with human dignity and the right to privacy are
acknowledged facets of Article 21.Article 42 of the
Constitution of India which is one of the directive
principles of State policy mandates that the State shall
make provisions for securing just and humane conditions
of work and for maternity relief. Deprivation of access to
reproductive healthcare or emotional and physical well-
being also injures the dignity of women. It is to ensure
that a working lady may overcome the state of
motherhood honourably, peaceably and undeterred by
the fear of being victimized for forced absence from
work during pre and post natal periods. Women must be
treated with honour and dignity at places where they
work to earn their livelihood. It is not just motherhood
but also childhood that require special attention and
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NEUTRAL CITATION
C/SCA/4213/2024 JUDGMENT DATED: 26/09/2025
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therefore, both health of mother and child are to be kept
in consideration while providing maternity leave.
Concept of maternity leave is a matter of not just fair
play and social justice but is also a constitutional
guarantee to the women employees of this country
towards fulfillment whereof the State is bound to act.
6.1. As the maternity benefit act is enacted to secure the
women's right to maternity leave and to afford women
with as much flexibility as possible to live an
autonomous life, both as a mother and as a worker. By
depriving the said benefit the petitioner has violated the
constitutional right. By ignoring the purpose of the act
while putting the condition to have the maternity leave
for one month with condition to work for one year after
resuming the duty the respondent was put in a situation
where her emotional and physical well being injures.
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