Tuesday, July 1

Madurai – In a significant ruling reinforcing women’s constitutional and reproductive rights, the Madras High Court has held that maternity leave taken during a doctor’s mandatory bond service period must be treated as part of the service. This relief came in favor of a woman doctor who had been denied the return of her original certificates after completing one year of bond service and taking a year-long maternity leave.

A division bench comprising Justices G.R. Swaminathan and K. Rajasekar noted that “maternity leave is integral to maternity benefit and forms a facet of Article 21,” adding that even if the appellant was not a regular government employee, her fundamental rights under Articles 14 and 21 entitled her to equal treatment and protection.


Background of the Case

The doctor, who completed her MS in General Surgery from Thanjavur Medical College, was obligated to serve in a government hospital for two years under a bond agreement worth ₹40 lakh. After serving for 12 months as an Assistant Surgeon at Thittakudi Government Hospital, she availed maternity leave. The authorities, however, refused to return her original certificates, arguing she hadn’t completed the bond term.

Her plea was earlier dismissed by a single bench, which held that she had served only one of the two mandated years. Challenging this, the doctor approached the division bench.


Court’s Observations

Referring to Supreme Court precedents including Kavita Yadav v. State (NCT of Delhi) and K. Uma Devi v. State of Tamil Nadu, the High Court emphasized that maternity leave is a statutory and constitutional right under the Maternity Benefit Act, 1961. The Court also reiterated that reproductive rights are a component of personal liberty under Article 21, citing landmark cases like Devika Biswas and Suchitha Srivastava.

The Court further stated:

“This condition [of completing two years of bond service] has to give way to the rights conferred on women under the Maternity Benefit Act. Any woman has a fundamental right to the benefits arising out of her situation of maternity.”

Quoting John Milton, the bench added:

“They also serve who only stand and wait” – highlighting that maternity itself constitutes service in this legal context.


Final Verdict

The division bench set aside the single judge’s order and allowed the appeal. It directed the government to return the appellant’s original certificates within four weeks.

This judgment underscores the judiciary’s progressive stance on protecting maternity and reproductive rights as core constitutional guarantees, regardless of employment status.

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