New Delhi, 4th February, 2013

On the intervention of the National Human Rights Commission, maternity leave was sanctioned to a medical officer, who was working on contract basis in the Delhi Government. A written warning had also been issued to the Chief District Medical Officer of the Central District for denying maternity leave to her. The Special Secretary, Health and Family Welfare Department, Government of NCT, Delhi has submitted a report in this regard to the Commission in response to summons issued to him.

The medical officer in her complaint to the Commission had submitted that the Directorate of Health Services denied her maternity leave. In response to Commission's notice, the Director (Health Services), Government of NCT, Delhi submitted a report, which revealed that the medical officer was granted 12 weeks mandatory leave as per Maternity Benefit Act, 1961 only after receiving a notice from the Commission.

The Commission observed that despite having applied for maternity leave well in advance, the leave sanction order was issued more than a month later causing her mental agony and violating her human rights.

The Commission, before proceeding in the matter further, sent a notice to the Principal Secretary, Department of Health and Family Welfare, Government of NCT, Delhi asking him to enquire into the matter and submit an action taken report failing which he would have to appear before the Commission.

However, when no response came from the officer, the Commission issued a coercive process and directed for his personal appearance on the 24th January, 2013 along with the requisite report. In the mean time, he sent an action taken report saying that the Chief District Medical Officer had been issued a warning to be careful in future.

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