Tag Archives: #advocates

Title:  Annwesha Deb v. Delhi State Legal Services Authority
Decided on:  26th July, 2023

+  W.P.(C) 11016/2017 & CM APPL. 2071/2022

CORAM: HON’BLE MR. JUSTICE CHANDRA DHARI SINGH

Introduction

The Delhi High Court has ruled that female advocates empanelled with the Delhi State Legal Services Authority (DSLSA) are entitled to maternity benefits under the Maternity Benefit Act, 1961. The court emphasized the importance of allowing women to balance both their careers and motherhood without being forced to choose between the two.

Facts

The court addressed a writ petition filed by a female advocate empanelled with DSLSA. She sought directions to grant her consecutive maternity benefits similar to those provided to regular female employees.

Analysis

Justice Chandra Dhari Singh, presiding over a Single Bench, highlighted that maternity benefits are not solely a statutory or contractual entitlement between employer and employee. Instead, they are integral to a woman’s identity and dignity when she decides to start a family. The court underlined that the liberty to become a mother is a fundamental right guaranteed under Article 21 of the Constitution. The environment should support a woman’s ability to make decisions about her personal and professional life, ensuring that women who choose both a career and motherhood are not forced into a difficult “either-or” situation.

The court emphasized that obstructing a woman’s exercise of this right without proper legal procedure is not only against the fundamental rights enshrined in the Constitution but also violates the core principles of social justice.

Key Points

The petitioner was appointed as a legal aid counsel on a daily fee basis by the Juvenile Justice Board-I in New Delhi. During her contractual period, she became pregnant and applied for seven months of maternity leave in October 2017.

The petitioner’s request for maternity benefits was denied by DSLSA, stating that such benefits were not provided for legal services authorities. Dissatisfied with the decision, the petitioner approached the court seeking remedy.

The court highlighted the historical struggle women faced in achieving equal treatment in both skilled and unskilled work, stressing the importance of understanding that equal treatment doesn’t always mean identical treatment.

The court noted that the changes a woman undergoes during pregnancy go beyond just biological aspects, and accommodating her needs is essential. Pushing pregnant women to work on par with others can result in grave injustice and violate the principles of equity and equality envisaged by the Constitution.

The court rejected the argument that the petitioner’s relationship with DSLSA was that of a client and advocate, emphasizing that the nature of payment didn’t negate the employer-employee relationship.

The court ruled that the petitioner’s case falls within the definition of wages under the Maternity Benefit Act and that the Act’s intent was not to limit relief based on the nature of employment.

The court criticized DSLSA’s denial of maternity benefits to contractual employees despite extending these benefits to regular employees.

Emphasizing that maternity benefits are essential for the well-being of both mother and child, the court called for a change in perspective to ensure women can balance family and career.

The court concluded that withholding maternity benefits violates both constitutional rights and the spirit of social justice. It urged the state and all subjects of the Act to uphold its provisions and objectives.

Held

The Delhi High Court’s decision to uphold maternity benefits for female advocates empanelled with DSLSA is a step toward gender equality and women’s empowerment. The ruling emphasizes the importance of recognizing the fundamental rights of women to balance career and motherhood without being compelled to make a difficult choice.

“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”

Written by- Ankit Kaushik

Click here to view judgment