Motherhood is Not a Contract
Shagun Parihar
writetomlakishtwar@gmail.com
26When I asked the government in the Jammu & Kashmir Legislative Assembly whether contractual women employees are entitled to paid maternity leave, the response was that financial constraints prevent the extension of such benefits. That reply demands deeper reflection. Are we prepared to accept that the dignity of motherhood depends upon budgetary calculations? Can the right of a woman to recover from childbirth and nurture her newborn be reduced to an accounting entry?
This issue is not about administrative technicalities. It is about justice.
Across Jammu & Kashmir, thousands of women serve in hospitals, schools, anganwadis, and government departments on contractual or consolidated pay. They perform essential public duties and contribute meaningfully to governance. Yet when they embrace motherhood, many are denied paid maternity protection solely because of the nature of their appointment.
A newborn child does not differentiate between a permanent employee and a contractual worker. A child requires the same care, nutrition, emotional bonding, and maternal recovery time. However, our current framework has created a troubling divide. Regular employees receive 180 days of paid maternity leave, while many contractual employees are left without salary support and often without protection against breaks in service.
This disparity sends an unfortunate message – that while the labour of contractual women is valued, their motherhood is conditional.
The justification frequently cited is lack of funds. But governance is not merely about balancing expenditure sheets; it is about upholding constitutional values. The financial outlay required to extend maternity benefits is modest compared to the broader administrative budget. More importantly, the social cost of denial is far greater.
Medical science makes it clear that postpartum recovery requires adequate rest and care. Premature return to work can lead to long-term health complications for the mother. The first six months of a child’s life are critical for breastfeeding, immunity development, and emotional stability. Denying maternity leave is therefore not simply an employment issue – it is a public health concern.
Our constitutional framework leaves little ambiguity. Article 42 directs the State to provide just and humane conditions of work and maternity relief. The Maternity Benefit (Amendment) Act, 2017 reinforces this mandate and does not sanction discrimination based on contractual labels once eligibility criteria are fulfilled.
The judiciary has repeatedly clarified this position. In Municipal Corporation of Delhi v. Female Workers (Muster Roll), the Supreme Court held that even women employed on muster roll or casual basis are entitled to maternity benefits, emphasizing that such protections are rooted in social justice. More recently, in Deepika Singh v. Central Administrative Tribunal, the Court reaffirmed that maternity benefits are linked to constitutional guarantees of dignity and equality.
These judgments underscore a simple principle: administrative classifications cannot override fundamental rights.
If we are sincere about women’s empowerment, our commitment must extend beyond symbolic slogans. We encourage daughters to pursue education and join the workforce. We speak proudly of female participation in governance. But empowerment loses credibility if women are penalized for becoming mothers.
Extending maternity benefits to contractual employees is not an act of generosity; it is an act of justice. It strengthens public health outcomes, enhances workforce morale, and reinforces trust in governance. A secure mother builds a secure family, and secure families form the foundation of a stable society.
This is not a partisan issue. It is a societal responsibility. Jammu & Kashmir has an opportunity to demonstrate that its commitment to dignity and equality is not selective. The government can issue a uniform order ensuring paid maternity leave for all women employees, irrespective of appointment type, and guarantee that no woman faces termination or break in service for exercising her maternity rights. Motherhood is not a contractual clause. It is the foundation of our social fabric. A government that invests in mothers invests in its future. It is time to ensure that every mother in Jammu & Kashmir – without exception – receives the dignity, protection, and support she deserves.
(The writer is MLA from Kishtwar constituency J&K Legislative Assembly)
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