The High Court has issued a rule asking why provisions limiting maternity leave and benefits for working women in the case of a third or subsequent child should not be declared illegal and unconstitutional.
A High Court bench comprising Justice Fahmida Kader and Justice Md Asif Hassan issued the rule on Monday following an initial hearing on a writ petition.
The writ was filed and argued by Supreme Court lawyer Ishrat Hasan, assisted by Tanzila Rahman, Md Bahauddin Al Imran, and Ifat Hasan Shammi. The petition named the Cabinet Secretary, the Law Secretary, and 10 others as respondents.
The rule sought to know why Sections 46(1) and 46(2) of the Bangladesh Labour Act — which contain the provision limiting maternity leave and benefits for a third or subsequent child — should not be declared contradictory to the Constitution.
It also questioned why Rules 197(1) and 197(1A) of the Bangladesh Service Rules (BSR), which impose similar limitations, should not be struck down as unconstitutional.
The writ petition argued that maternity leave and benefits are not a population control measure but are directly related to the fundamental health, dignity, equality, and constitutional rights of mothers and newborns.
“Depriving working women of these rights in the case of a third or subsequent child is discriminatory and unconstitutional,” the petition said.
It also noted that different policies on maternity benefits in government and private institutions are creating discrimination among working women, inconsistent with the constitutional principles of equality and equal protection of law.
Lawyer Ishrat Hasan said the writ was filed to ensure non-discriminatory and equal maternity rights for all working women in Bangladesh.
“Maternity is not a punishment; it is a matter of constitutional protection for the state,” he said, adding that the final verdict could set an important precedent regarding maternity rights, gender equality in the workplace, and labour rights in Bangladesh.
