Govt order turning maternity leave unpaid triggers outrage among doctors

Srinagar, Nov 6: A recent order issued by the J&K Health and Medical Education (H&ME) Department has sparked outrage among doctors across Government Medical Colleges (GMCs), after maternity and paternity leave for Senior Residents was effectively turned into unpaid leave, drawing condemnation from medical professionals and legal experts who call it a “direct assault on women’s constitutional rights.”

The controversy stems from a fresh H&ME order dated October 14, 2025 (No. ME-GEN/187/2025-01), which states that “pay and allowances shall be admissible only for the period during which the incumbent is executing their assignment/course.” It further clarifies that “entitlement to pay and allowances during the period of maternity/paternity leave shall not be allowed.”

The order, addressed to the Government Dental College, Srinagar, and extended to all GMCs across J&K, cites a clarification from the Finance Department, instructing institutions to act “in accordance” with the new directive.

The move has left many resident doctors — particularly new mothers — in financial distress after being denied salaries for October. “Resident doctors who availed maternity leave have not received their pay this month. It’s a devastating blow to those already juggling childbirth and financial responsibilities,” said a senior faculty member at a GMC.

What has angered the medical fraternity further is the policy reversal within just over a year. In July 2024, the H&ME Department issued Order No. 451-JK(HME) allowing paid maternity and paternity leave for Senior Residents, with simple tenure extensions — in line with National Medical Commission (NMC) guidelines. That decision was widely lauded as a progressive step towards gender equity in medical education.

Now, the rollback has been described as “regressive, discriminatory, and unconstitutional.” A female professor at one of the GMCs called the latest move a betrayal. “The earlier order created hope and trust that the government was genuinely supporting women professionals. Now, with a junior-level clarification overturning that, it looks like the earlier step was just for optics,” she said. “This is not just policy inconsistency; it’s institutional gaslighting.”

Legal experts and medics say the decision blatantly violates multiple protections. “This is a clear violation of the Maternity Benefit Act, 1961 (amended 2017) and contradicts Supreme Court rulings that define maternity leave as a fundamental and non-negotiable right for working women,” said a doctor at GMC Srinagar.

One Senior Resident, speaking to Greater Kashmir, was blunt: “This isn’t policy — it’s punishment for having a child while serving the public. It’s unconstitutional, unethical, and deeply misogynistic.”

She added that the order could easily be challenged before the J&K High Court and struck down as “ultra vires and unconstitutional.”

The Supreme Court of India has consistently upheld maternity benefits as part of Article 21 – Right to Life and Dignity, emphasising that denying pay during maternity leave amounts to discrimination and violates the right to equality under Articles 14 and 15 of the Constitution.

International law, too, supports the same position. India is a signatory to the UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which mandates that signatory states must ensure full maternity protection for working women.

A senior doctor at GMC Srinagar called the new rule “a moral and legal failure.” “These women save lives daily, yet their own rights are being trampled. This order treats them as dispensable,” he said.

The decision, doctors argue, not only undermines gender equity but also damages morale in medical colleges already reeling under staff shortages and burnout. “If a woman doctor has to choose between motherhood and her career, it’s a shame for the system,” said another Senior Resident.

The doctors’ associations are now calling for an immediate rollback of the order, restoration of paid maternity benefits, and a formal clarification from the H&ME Department. “This is not just about salaries,” one doctor said. “It’s about respect, dignity, and the state’s obligation to uphold constitutional and human rights.”