The Delhi High Court has ruled that pregnancy and maternity leave cannot be used as reasons for professional demotion or loss of status. The court ordered HashiCorp to compensate a female employee for discriminatory practices.

  • Maternity cannot be a source of professional ignominy at the workplace.
  • Employees returning from maternity leave are entitled to their previous post or an equivalent role.
  • HashiCorp has been ordered to pay ₹10 lakh in compensation to the petitioner.
  • Private companies must implement strict policies for maternity accommodation and grievance redressal.

In a landmark judgment aimed at safeguarding the rights of working women, the Delhi High Court has ruled that pregnancy and maternity leave cannot be used as grounds for professional disadvantage, demotion, or loss of status. Justice Sachin Datta emphasized that under no circumstances should maternity become a source of ignominy in the professional sphere.

The Case of Rakhi Bisht

The ruling came in response to a petition filed by Rakhi Bisht, a Chartered Accountant who had been working as an Accounting Manager at HashiCorp. After returning from her maternity leave in July 2024, Bisht discovered that her managerial role had been reassigned to a clerical position in the treasury department—a role approximately three levels below her previous designation. This drastic change in responsibilities and status led her to resign and seek legal recourse.

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Constitutional and Statutory Implications

The court observed that a harmonious reading of Articles 14, 15, 21, and 42 of the Constitution of India leaves no doubt that pregnancy must not lead to career regression. While noting that neither the Maternity Benefit Act, 1961, nor the Code on Social Security, 2020, provides a comprehensive framework for post-maternity reintegration, the court maintained that statutory protections cannot be bypassed through cosmetic compliance.

Why This Matters

BozokMedia analysis shows that this judgment sets a critical precedent for the private sector in India. For years, the lack of a structured reintegration process has allowed companies to marginalize women returning from leave. This ruling closes that loophole by mandating that any alternative role provided must be equivalent in pay, grade, status, and managerial authority.

"The law cannot be construed in a manner that allows substantive guarantees to be circumvented through formal or cosmetic compliance."

The High Court directed HashiCorp to pay ₹10 lakh as compensation and ₹1.5 lakh towards legal costs. Furthermore, the company has been ordered to frame comprehensive rules within six months regarding pregnancy-related accommodations, lactation support, creche facilities, and protection against retaliation.

Did You Know?: Legal experts suggest a 'protected period' for women from the moment pregnancy is disclosed until six months after returning to work to ensure career stability.

Frequently Asked Questions

1. Is an employer allowed to change my job role after maternity leave?
Only if there are bona fide organizational reasons, and even then, the new role must be nearly equivalent in pay, status, and responsibility.

2. What can a woman do if she faces demotion after maternity leave?
She can approach the court, as seen in this case, where the Delhi High Court provides strong constitutional protection against such discrimination.