The High Court has issued a rule asking why provisions limiting maternity leave and maternity benefits under the Bangladesh Labour Act, 2006 and the Bangladesh Service Rules should not be declared unconstitutional.
A High Court bench of Justice Fahmida Quader and Justice Mohammad Ashif Hasan issued the rule on Monday after a preliminary hearing on a public interest writ petition.
The court specifically sought an explanation as to why Section 46(2) and the proviso to Section 46(1) of the Bangladesh Labour Act, 2006, along with Rule 197 of the Bangladesh Service Rules, should not be declared inconsistent with Articles 7, 15, 18, 26, 27, 28, 29, 31 and 32 of the Constitution.
The rule also asked why the government's failure to ensure equal maternity protection and benefits for working women in both the public and private sectors should not be declared unconstitutional and why it should not be directed to formulate a uniform maternity policy.
Lawyer Ishrat Hasan represented the petitioner during the hearing, assisted by Tanzila Rahman, Md Bahauddin Al Imran and Ifat Hasan Shammi.
The public interest writ petition was filed on June 15, seeking to ensure equal maternity rights for working women in Bangladesh.
A total of 12 respondents, including the cabinet secretary and the law secretary, have been named in the petition.
According to the writ, maternity leave and benefits are not population control measures but are directly linked to the health, dignity, equality and constitutional rights of both mothers and newborns.
It argues that denying maternity benefits for a third or subsequent child is discriminatory and unconstitutional. It also says that differing maternity policies in the public and private sectors create inequality among working women and violate the constitutional principles of equality and equal protection under the law.
Speaking after the hearing, petitioner Ishrat Hasan said: "This writ seeks to ensure non-discriminatory and equal maternity rights for all working women in Bangladesh. Maternity is not a matter of punishment; it is a constitutional right that deserves state protection."
She added that the final verdict could set an important precedent for maternity rights, workplace gender equality and labour rights in Bangladesh.