Question1- Uttarakhand high court declares government rule of denying maternity leave for third child as unconstitutional on the basis of-
(a) Equality before law
(b) Spirit of constitution
(c) Better work place
(d) all of the above.
Answer- (b).
Related Fact:
- On July 30, 2018, Uttarakhand High Court set aside the state government’s rule of denying maternity leave to women employees for birth of third child.
- Justice Rajiv Sharma’s single bench concluded that refusing to give maternity leave for the third child is against the Spirit of Constitution.
- In its order, Uttarakhand High Court ruled out 2nd provision of fundamental rule 153 of Financial Handbook of the Uttar Pradesh Fundamental Rules, adopted by Uttarakhand as it went against Section 27 of Maternity Benefit Act, 1961 as well as Article 42 of the Constitution which provides for “just and humane conditions of work and maternity relief”.
- It is notable that an amendment to the Maternity Act, 1961 increased the duration of maternity leave for women employees from 12 weeks to 26 weeks.
References:
http://newsonair.nic.in/Main-News-Details.aspx?id=351060
http://www.dnaindia.com/india/report-uttarakhand-hc-declares-govt-rule-denying-maternity-leave-for-third-child-unconstitutional-2645607