‘Not in this century’: Kerala HC reinstates terminated maternity leave employee

Kochi: The Kerala High Court observed, ‘Only a woman can understand the acute difficulty of juggling motherhood and career,’ which is why it criticized the Kerala government for terminating the service of a woman counselor who was on maternity leave.

As Justice Devan Ramachandran noted, being a new mother is like riding a roller-coaster, and being a working mother is even tougher. ‘Motherhood entails managing myriad concerns and maneuvering through myriad daily challenges, which ultimately determine the health and future of the child. The maternal proximity to the child is scientifically proven to be irreplaceable and maternity leave provisions are now internationally accepted’, observed the court.

In granting the petition filed by Vandana Sreemedha J of Kollam, the court issued the order. She went to court after her request for maternity leave was denied, and to add insult to injury, she was terminated from service for having been absent without permission. While waiting for better opportunities, the petitioner stated she has been trying very hard to make a livelihood and has been forced to work on contract as a Counselor in the District Child Protection Office.

According to the court, the Director of the Women and Child Development Department in Thiruvananthapuram had even threatened to take action against the District Child Protection Officer for having recruited and appointed the petitioner ‘without proper care’. Inferring that he should not have offered employment to her solely because she had recently given birth, thus being in need of leave to care for her new child.

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‘Without elaboration, this attitude is not one that the high court is able to accept in this century, when women take on multiple roles, responsibilities and must be adroit multitaskers in order to survive and achieve their legitimate ambitions,’ the court said. Her dismissal from service was overturned by the court, and the state government was directed to reinstate her immediately.