Source: Orissa High Court 

Why in News? 

The Orissa High Court in the matter of State of Odisha & Anr. v. Smt. Anindita Mishra has ruled that a woman employee cannot be denied maternity leave or benefits solely because she is employed on a contractual basis.  

• The Division Bench, comprising Justice Dixit Krishna Shripad and Justice Mruganka Sekhar Sahoo, emphasized that such a denial would be "abhorrent" to the very essence of humanity and womanhood. 

What was the Background of  State of Odisha & Anr. v. Smt. Anindita Mishra (2025) Case? 

• Background: 
• Employment Status: Smt. Anindita Mishra was employed as a 'young professional' by the State of Odisha on contractual basis after selection through normative process. 
• Posting Details: Name sponsored by G.A. Department and posted to Health & Family Welfare Department from 20th May 2014. 
• Contract Terms: Initially one-year contract subsequently renewed multiple times. 
• Maternity Application: After delivering a female child, applied for maternity leave on 17.08.2016 for period 17.08.2016 to 12.02.2017 with medical certificate. 
• Rejection: 2nd appellant rejected application on 07th June 2017 without assigning reasons 

Journey Through Courts: 

• Original Writ Petition: Filed WPC(OAC) No.1680 of 2017 challenging rejection of maternity leave. 
• Single Judge Decision: On 30th August 2022, Single Judge ruled in favor of employee, directing extension of maternity leave benefits. 
• Appeal to Division Bench: State filed W.A.NO.1074 OF 2023 challenging Single Judge's order. 
• Final Decision: Division Bench of Orissa High Court decided the matter.

What were the Court’s Observations?

On Fundamental Rights: 

• A lactating mother has a fundamental right to breastfeed a baby during formative years. 
• Baby has a fundamental right to be breastfed and brought up in good conditions. 
• These rights create State obligation to provide maternity benefits within permissible resources. 

On Welfare State Obligations: 

• "Ours is a constitutionally ordained Welfare State". 
• Government must conduct itself as model employer (citing Bhupendra Nath Hazarika v. State of Assam, AIR 2013 SC 234). 

On Reasoned Orders: 

• Non-speaking orders cannot be justified. 
• Employees cannot be told reasons are "stacked in Government Godown". 
• Orders must stand on intrinsic merits (citing Mohinder Singh Gill v. Chief Election Commissioner, AIR 1978 SC 851). 

On Equal Treatment: 

• Women employees constitute one homogenous class for maternity benefits. 
• Artificial bifurcation based on appointment status violates Article 14. 
• Contract vs. regular employee distinction is impermissible for maternity benefits. 

On Cultural Values: 

• Quoted Sanskrit verse: "yatr naaryaastu pujyante ramante tatr devatah" (Gods rejoice where women are honoured). 
• Such ideals should animate purposive interpretation of women welfare policies. 

On Constitutional Interpretation: 

• Quoted Justice Oliver Wendell Holmes: "Constitutions are intended to preserve practical and substantial rights, not to maintain theories"/ 

Final Decision: 

• Appeal Rejected: Division Bench dismissed State's appeal. 
• Implementation Ordered: Single Judge's order to be implemented. 
• Compliance Report: To be filed within eight weeks. 
• Court's View: Single Judge rightly granted relief to "poor employee".

What is the Maternity Benefit Act, 1961?

About the Act 

Purpose and Scope: 

• Legislation is designed to protect and benefit women's employment during the maternity period. 
• Regulates employment of women in establishments for specific periods before and after childbirth. 
• Provides maternity benefits and other related facilities to working women. 
• Ensures women employees receive paid salary during absence from work for newborn care. 
• Protects the dignity of motherhood and enables proper child care by working mothers. 
• Provides financial security to women during maternity period. 

Legislative History: 

• Original Act enacted in 1961. 
• It came into force on November 1, 1963. 
• Significantly amended through the Maternity Benefit (Amendment) Act, 2017. 
• Amendment Act became effective from April 1, 2017. 

Applicability: 

• Applies to establishments employing 10 or more employees. 
• Originally applied to establishments with more than 10 employees. 
• Provides all facilities to working women in dignified manner. 
• Ensures women can overcome motherhood state honorably and peacefully. 
• Eliminates fear of victimization for forced absence during pre-natal or post-natal periods. 

Eligibility Criteria 

• Woman employee must be employed with the establishment for at least 80 days in the past twelve months preceding the date of expected delivery. 
• Must be working in an establishment covered under the Act's scope. 

Key Provisions Under 2017 Amendment 

Enhanced Maternity Leave Duration: 

For Women with Less Than Two Children: 

• Maternity leave duration increased from 12 weeks to 26 weeks. 
• Pre-delivery leave was extended from 6 weeks to 8 weeks before the expected delivery date. 
• The remaining weeks can be spent after delivery. 

For Women with Two or More Children: 

• Maternity leave remains 12 weeks. 
• Cannot be availed before 6 weeks from expected delivery date. 
• No change from the original provisions for this category. 

Work from Home Provision: 

• Work from home facility introduced as new provision in 2017 amendment. 
• Can be availed after completion of maternity leave period. 
• Duration to be mutually decided between employer and woman employee. 
• Provides continued employment flexibility during early child care period. 

Crèche Facilities: 

• Establishments with 50 or more employees must provide crèche facilities. 
• Crèche must be located within prescribed distance as per Section 11A. 
• Women employees allowed four visits to crèche per day. 
• Crèche visits included in interval for rest, not deducted from working hours. 
• Supports working mothers in balancing work and childcare responsibilities. 

Extended Coverage for Adoptive and Commissioning Mothers: 

• 12 weeks maternity leave granted to women who legally adopt children below 3 months of age. 
• 12 weeks maternity leave provided to commissioning mothers. 
• Commissioning mother defined as biological mother who uses her egg to create embryo implanted in another woman. 
• Recognizes different forms of motherhood beyond traditional pregnancy and childbirth. 

Significance and Impact 

Social Protection: 

• Protects women from employment discrimination during maternity. 
• Ensures financial security during crucial motherhood periods. 
• Promotes gender equality in the workplace. 
• Supports work-life balance for women employees. 

Child Welfare: 

• Enables proper bonding between mother and child. 
• Supports breastfeeding and early child development. 
• Provides adequate time for post-natal recovery and child care. 

Economic Benefits: 

• Maintains women's participation in workforce. 
• Reduces financial stress during the maternity period. 
• Supports family economic stability. 
• Encourages women's career continuity.