Hindu mythology considers women who sacrifice their lives for welfare of husband's families at par with God: Madras High Court

Benefits of welfare legislation cannot be deprived on mere technicalities, the Madras High Court said while directing the Tamil Nadu State Transport Corporation (TNSTC) to grant maternity leave benefits to a 'temporary' woman employee [TNSTC v B Rajeswari]..In a judgment passed on January 12, a bench of Justices S Vaidyanathan and Mohammed Shaffiq upheld a single bench order that had directed TNSTC to treat the respondent woman's absence from work as maternity leave and grant her all related benefits under the Maternity Benefits Act, 1961 and the Tamil Nadu Maternity Benefits Rules, 1967. The Court also referred to Hindu mythology while granting relief."In Hindu mythology, women, who respect elders and sacrifice their life for the welfare of the husband’s family, are portrayed as equal or even greater than men and are regarded as equivalent to God,” the Court said, adding that government authorities must not stand in the way of granting benefits of welfare legislation to citizens.The division bench was hearing an appeal filed by TNSTC challenging the single bench's order. The woman had availed maternity leave for six months in March 2014.While the State and the Union government rules all provide for six months worth of paid maternity leave for women employees of the government sector, TNSTC argued that the respondent was a temporary employee, who had worked only for 145 days with the Corporation. According to a TN government order, a non-permanent employee has to work for a minimum of 160 days to be eligible for paid maternity leave.The transport body argued that while the 1961 Act was a welfare legislation, that did not mean that its benefits can be extended to even those who do not meet the eligibility criteria. The division bench, however, said that TNSTC's argument can not be accepted by the court..It went on to say that a child's birth also mean the "re-birth" of the mother and that the pain a woman goes through during labour is impossible for a man to bear. Therefore, women should be granted all benefits that will make their lives easier postpartum, the Court said. The Court further said that most other countries including China, Pakistan, Singapore, Australia, and Cuba have liberal policies to grant maternity and paternity leave to their citizens. "Coming to the present case on hand, the Writ Petitioner had admittedly rendered sufficient days of service and even assuming that there is a shortage of working days in the twelve calendar months, welfare legislation and the benefits cannot be deprived on mere interpretation and technicalities, as interpretation of law should be liberal to ensure marching towards enforcement and it should not defeat the very purpose of welfare scheme. A woman is not a pendulam and cannot be forced to swing between motherhood and employment, as the maternity benefit relates to the dignity of a woman," the Court stated. It, therefore, upheld the single bench's order and directed TNSTC to comply with the single bench's order within four months. The Court warned that if TNSTC fails to comply with the court's direction, it will be liable to pay a fine of ₹50,000. Advocate T Chandrasekaran appeared for TNSTC. Advocate P Paramasivadoss appeared for the respondent woman..[Read Judgment]