In Rakhi Bisht v. Union of India^[1], decided on August 31, 2026, the Delhi High Court (‘Delhi HC’) adopted a purposive interpretation of Section 12 of the Maternity Benefit Act, 1961 (now corresponding to Section 68(1) of the Code on Social Security, 2020 (‘SS Code’)), holding that the statutory prohibition against varying a woman’s service conditions to her disadvantage is not confined to termination but extends to all forms of adverse employment action, including demotion, reduction in responsibilities, reassignment to a substantially inferior role, and denial of promotional opportunities arising from pregnancy or maternity leave. Notably, the Court also directed the Union of India to frame rules or schemes, or issue directions under the SS Code within six months. These must cover pregnancy-related accommodation, protection of role and status on return, lactation support, creche functionality and protection against retaliation. In doing so, it must take into account its own ‘Suggested Interim Guidelines’, which propose a protected period commencing from disclosure of pregnancy to six months after the employee’s return to active duty, during which a reverse burden of proof applies to the employer for any adverse action taken against the employee.

[1] Rakhi Bisht v. Union of India, W.P.(C) 14785/2024.