Delhi High Court Expands Maternity Protection Rights

The Delhi High Court ruled on August 31, 2026, that maternity protection for employees extends beyond salary and designation to include reporting hierarchies, specific duties, and promotion prospects. Justice Sachin Datta determined that women returning from maternity leave must be restored to their previous posts or provided with substantially equivalent roles if the original position is unavailable for bona fide organizational reasons.

The judgment stemmed from a petition by Rakhi Bisht, a Chartered Accountant who alleged she suffered professional disadvantages and lacked access to a functional creche upon her return to work. The court ordered her employer to pay Bisht 10 lakh rupees in compensation and 1.5 lakh rupees in costs.

Beyond the individual case, the court directed the Government of India to frame rules within six months under the Code on Social Security, 2020. These rules must ensure the effective implementation of maternity protections for private-sector employees, specifically focusing on workplace accommodations and safeguards against retaliation.