Deepali Kalia-
Published on August 06, 2021 1:10 IST
Kerala High Court criticized the State for terminating the employment of a woman counselor at the Women and Child Development Department, who was denied maternity leave and reinstated her service.
Justice Devan Ramachandran observed that “Only a woman knows how acutely difficult it is to balance motherhood and her career”, and stated that navigating life as a new mother is akin to being on a roller coaster and being a working mother on top of that is even more difficult.
“The minutiae of motherhood can never be properly contemplated and it involves navigation through myriad daily issues, which ultimately determine the health and future of the child. The mother’s constant proximity to the child is scientifically proven to be unexpendable and this is why the provisions for maternity leave are now internationally accepted”, the Court observed.
The Court gave the Order while hearing a petition filed by Vandana Sreemedha J of Kollam, a counselor on contract. She had approached the Court, as after her request for maternity leave was denied, she was then terminated from service allegedly for an unauthorized absence.
The petitioner also submitted before the Court that she had been trying very hard to make a living and was forced to work on contract as a counselor in the Office of the District Child Protection Officer as she had no other option.
Advocate Sri B Mohanlal represented the petitioner and contended that the Director of Women and Child Development Department, Thiruvananthapuram had threatened action against District Child Protection Officer for appointing the petitioner without proper care. Thus, indicating that the officer should not have offered employment to the petitioner as she had recently delivered and required leave to take care of her child.
“Without the requirement for any elaboration, this attitude is not one which this Court can countenance in this century, when women essay several roles, take on variegated responsibilities, and require to be adept multitaskers, to survive and find wings to achieve their legitimate ambitions”, the Court stated.
Consequently, the Court set aside the order of her termination and directed the State to reinstate her immediately.
Click here to Read/Download the Order