HC questions maternity leave cap for mothers with over two children

The High Court today (29 June) issued a rule asking why provisions limiting maternity leave and benefits for women having a third or subsequent child should not be declared unconstitutional.

The bench of Justice Fahmida Quader and Justice Mohammad Asif Hasan issued the rule after hearing a public interest writ filed to ensure maternity rights for working women in Bangladesh.

The writ was filed by Supreme Court lawyer Ishrat Hasan, naming 12 respondents, including the cabinet secretary and the law secretary.

The court asked why Section 46(2) and the proviso to Section 46(1) of the Bangladesh Labour Act, 2006, and Rule 197 of the Bangladesh Service Rules should not be declared inconsistent with Articles 7, 15, 18, 26, 27, 28, 29, 31 and 32 of the Constitution.

It also asked why the government should not be directed to ensure equal maternity protection and benefits for all working women in the public and private sectors through a uniform policy.

The writ states that maternity leave and benefits are linked to the health, dignity, equality and constitutional rights of mothers and newborns, and that denying these rights for a third or subsequent child is discriminatory and unconstitutional.

It also says that different policies in the public and private sectors create inequality among working women.

Speaking to journalists, Ishrat Hasan said the writ seeks equal maternity rights for all working women. She said motherhood should not be treated as a punishment but as a matter of constitutional protection, adding that the case could set an important precedent on maternity rights, workplace gender equality and labour rights.