'Inhuman': Madras HC slams judicial officer for denying maternity leave, asks to pay Rs 1 lakh compensation

'Inhuman': Madras HC slams magistrate court for denying maternity leave, asks to pay Rs 1 lakh compensation

Madras High Court on March 20 overturned the rejection of maternity leave for a court staff member, terming the decision as "inhuman."

The court advised the authorities to grant her maternity leave with full salary and also ordered a compensation of Rs 1 lakh for the mental distress caused by the rejection, according to a report on News 18.

The case involved B Kavitha, an office assistant at the District Munsif-cum-Judicial Magistrate Court in Kodavasal, Thiruvarur district.

According to the report, the magistrate had rejected her maternity leave request on November 7, 2024, because she had not submitted a marriage certificate. The magistrate also questioned the timing of her pregnancy, suggesting it might have occurred before her marriage.

Kavitha, a widow who remarried in April 2024, submitted a leave application in October 2024, but it was rejected even after she provided photographs and a wedding invitation as proof of her marriage. Her previous complaint against her husband Bharathi, accusing him of deception before their marriage, was also dismissed due to insufficient proof.

A division bench consisting of Justice R Subramanian and Justice G Arul Murugan criticized this rejection by magistrate saying that an employer should not require absolute proof of marriage unless it is disputed.

The court noted that "In the days were even live in relationships are recognized by the Hon’ble Supreme Court, the learned District Munsif cum Judicial Magistrate, Kodavasal, appears to have taken archaic view of the matter and has fished fir and found out reasons for rejection of the application of the petitioner. This, in our opinion, is wholly unwarranted."

The bench condemned the magistrate for making baseless assumptions about the pregnancy and said that maternity leave cannot be denied based on personal judgments. "We cannot understand the mindset of the employer, particularly the Judicial Officers in this case. It is high time that Judicial Officers reform themselves and adopt a more pragmatic approach," the bench stated.

The court directed the Principal District Judge to grant Kavitha maternity leave according to her entitlement and noted that any leave she had already taken since her application will be treated as maternity leave, and will receive full salary for that period.

Additionally, the court instructed the Registrar General of the Madras High Court to circulate its order to all Principal District Judges, ensuring that such unjust denials do not occur in the future.