UNB:

The High Court on Monday issued a rule asking the government to explain as to why legal provisions limiting maternity leave and benefits for working women should not be declared inconsistent with the Constitution.

The HC bench of Justice Fahmida Quader and Justice Md Ashif Hasan passed the order after hearing a petition.

The court also issued a rule asking the authorities concerned to explain within four weeks why Section 46(1) and 46(2) of the Bangladesh Labour Act, 2006, and Rules 197(1) and 197(1A) of the Bangladesh Service Rules (BSR), which restrict maternity leave and benefits, should not be declared unconstitutional.

Cabinet Secretary, two secretaries of the Ministry of Law, Justice and Parliamentary Affairs, the Public Administration Secretary, the Women and Children Affairs secretary, the Social Welfare Secretary and the Health secretary have been made respondents to the rule.

The writ petition was filed on June 15 by Supreme Court lawyer Ishrat Hasan, challenging the validity of Section 46 of the Labour Act relating to maternity benefits and Rule 197 of the Bangladesh Service Rules concerning maternity leave.

According to the petition, Rule 197 of the BSR limits paid maternity leave to two occasions throughout a woman’s entire service life.

Meanwhile, Section 46(1) of the Labour Act denies maternity leave to women who have worked for less than six months at an establishment.

Section 46(2) further provides that a woman worker is not entitled to maternity benefits if she already has two or more surviving children, even if she has completed the required six months of service.

Advocate Ishrat said that denying maternity leave based on the number of children or length of service is discriminatory, unreasonable and inconsistent with the Constitution, as the physical risks of childbirth, medical care, recovery and newborn care remain the same regardless of whether it is the first, second or subsequent child.

Advocate Ishrat Hasan represented the petitioner, while Deputy Attorney General Nur Muhammad Azmi and Assistant Attorney General Mohiuddin Md Hanif represented the state.

Following the order, Ishrat Hasan told reporters that the rule also sought an explanation as to why the government’s failure to ensure equal maternity protection and benefits for women employed in both the public and private sectors should not be declared illegal.

The High Court also asked why the authorities should not be directed to formulate a uniform policy ensuring equal maternity benefits for all working women in the country.