UP Private Colleges and Schools: 6-Month Paid Maternity Leave Now Mandatory After Sangeeta Prajapati Case

Published on October 10, 2025

Contents

Delhi, India

Case Overview and Background

Sangeeta Prajapati, appointed as librarian at Sunbeam Women’s College Varuna (Varanasi) on December 15, 2021, gave birth on August 2, 2023, and sought 6 months paid maternity leave under the Maternity Benefit Act, 1961, UGC Regulations 2018, and UP government orders.
The self-financed private college rejected the request, claiming exemption as a non-government entity, and refused reinstatement post-leave, sparking a multi-level legal battle.
This marks UP’s first instance where a commission or court has enforced paid maternity benefits for a female employee in a private educational institute, setting a precedent amid rising awareness of women’s workplace rights.
Announcement aligns with 2025 pushes for gender equity in education, where over 40% of teaching staff are women facing similar denials.

Initial appeals to Regional Labour Enforcement Officer Sunil Kumar Dwivedi and Additional Labour Commissioner Dr. Dharmendra Kumar Singh in early 2024 succeeded, with Dwivedi directing the college on February 7, 2024, to grant benefits—orders ignored by Principal Dr. Rajeev Singh and Administrator Dr. Shalini Singh.
Further complaints to UP Labour Commissioner Markandey Shahi, Labour Minister Dr. Anil Rajbhar, District Magistrate Satyendra Kumar, and higher education officials like MGKVP Registrar Dr. Sunita Pandey yielded no action despite months of follow-ups.
Escalated to NCW Member Dr. Archana Majumdar on August 6, 2024; NCW issued notice to Higher Education Principal Secretary Mahendra Prasad Agarwal on August 8, 2024, but no response followed.
Video hearing on October 7, 2024, involved Sangeeta, college representatives (Principal Dr. Rajeev Singh, Dr. Shalini Singh, advocate Devesh Tripathi); final order issued October 9, 2024 (effective 2025 context).

NCW ordered the college to provide 6 months paid maternity benefits within 7 days, emphasizing: “Under the Maternity Benefit Act, 1961, maternity benefits apply to every educational institution as it is a fundamental right of every woman.”
Dr. Archana Majumdar, NCW member and gynecologist, highlighted the Act’s universal applicability, rejecting private institute exemptions and noting Sunbeam’s non-compliance even with ESIC-covered employees.
No prior Allahabad High Court cases on this; reinforces UGC 2018 and UP directives for higher education women.
Sangeeta’s response: “This is not just my fight—it’s for all working women denied their maternity rights. I’m grateful to Dr. Majumdar for standing for justice.”

Core Provisions: Under amended Maternity Benefit Act 2017 (effective nationwide), women in private schools, colleges, and institutes get 26 weeks (182 days) paid leave for first two children—up to 8 weeks pre-delivery; 12 weeks for third or more, adoptions, or surrogacy.
Eligibility: Minimum 80 days worked in preceding 12 months; applies to all establishments with 10+ employees, including education sector—full salary, job protection, and nursing breaks post-return.
UP-Specific Mandates: 2025 state orders extend to contractual Sanskrit teachers and private aides; integrates with ESIC for insured workers, ensuring no exemptions for self-financed entities.
Recent Expansions: July 2025 UP govt announcement grants 180 days paid leave to contractual women educators; NCW ruling cements enforcement across 5,000+ private institutions.

Empowerment Boost: Prevents job loss due to motherhood, potentially increasing female retention by 15-20% in UP’s 1.2 lakh private school/college staff; aligns with NEP 2020 gender parity goals.
Precedent-Setting: Forces policy audits in chains like Sunbeam; could inspire similar actions in Bihar, MP via NCW notices, reducing 30% denial rates reported in 2024 surveys.
Challenges Addressed: Tackles cultural biases in private setups; supports work-life balance amid rising dual-income families.
National Context: Complements Supreme Court 2025 rulings affirming maternity as reproductive right, with 26-week standard now enforceable sans prior child limits.

Submit written application 2-3 months pre-delivery with medical proof; employer must respond within 15 days.
If denied, approach local Labour Office or NCW portal (ncwapps.nic.in) with documents—resolution within 30-60 days.
Track via UP Labour Dept app or helpline 1800-180-5252; reinstatement mandatory, with penalties up to 3 months salary for violations.
Resources: UGC guidelines at ugc.gov.in; Maternity Benefit Act full text on labour.gov.in.

This ruling heralds a new era of equity—working mothers in UP education can now nurture careers and families without compromise!