A writ petition was filed in the High Court on Monday, challenging the legality of provisions that limit or deny maternity leave and maternity benefits if a woman has more than two children.
Supreme Court lawyer Israt Hasan filed the petition.
The petition challenges relevant provisions of the Bangladesh Labor Act, 2006, and the Bangladesh Service Rules (BSR).
It said maternity leave is not a special privilege or an incentive for childbirth. Rather, it is an essential health protection measure to ensure a mother’s physical and mental well-being, post-delivery recovery, newborn care and breastfeeding.
The petition also said the physical risks of childbirth, medical needs, rest and care for the newborn remain the same whether a woman gives birth to her first, second or third child.
It said denying maternity leave or benefits solely based on the number of children is discriminatory, unreasonable and contrary to the constitution.
The petition claimed that such provisions conflict with the equality, non-discrimination and legal protection guarantees, as well as the rights to life and personal liberty, under Articles 7, 15, 18, 26, 27, 28, 31 and 32 of the constitution. It also said they are inconsistent with the state’s constitutional responsibility to protect maternity and public health.
It further said that as a member state of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), Bangladesh has an international obligation to eliminate discrimination related to maternity.
The petition sought necessary policy measures to ensure non-discriminatory and constitutionally protected maternity benefits for women regardless of the number of children.
Later, Israt Hasan said: “Maternity leave is not a tool for population control. It is a fundamental protection measure for the health of mother and child. Even if a mother gives birth to a third child, the need for health protection does not decrease.”