High Court to rule on legality of maternity leave restrictions for working women
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The High Court has scheduled a ruling for Monday on a petition challenging legal provisions that restrict maternity leave for female employees based on the number of children and length of service. The bench, comprised of Justice Fahmida Quader and Justice Md. Ashraful Hasan, set the date following a hearing on Sunday.
The petition, filed on June 15 by Supreme Court lawyer Ishrat Hasan, contests specific clauses of the 2006 Labour Act and the Bangladesh Service Rules (BSR). Under current regulations, specifically Rule 197 of the BSR, a female employee is entitled to maternity leave only twice during her entire career. Furthermore, Section 46(1) of the Labour Act stipulates that an employee must have served at an institution for at least six months to qualify for maternity benefits. Section 46(2) of the same act denies these benefits to women with two or more surviving children, regardless of their length of employment.
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During the proceedings, advocate Ishrat Hasan argued that these restrictions are discriminatory, irrational, and inconsistent with the Constitution. She contended that the physiological risks associated with childbirth, as well as the medical necessity for rest and newborn care, remain identical regardless of whether the child is the first, second, or third. She characterized the denial of benefits for a third child or for those with less than six months of service as inhumane.
The petition seeks a court order to declare these specific sections of the Labour Act and the BSR unconstitutional. The legal challenge names 13 defendants, including the Cabinet Secretary, the Secretaries of the Law, Public Administration, Women and Children Affairs, Social Welfare, and Health Ministries. The state was represented during the hearing by Deputy Attorney General Nur Muhammad Azmi and Assistant Attorney General Mohiuddin Md. Hanif.
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