In landmark ruling, safe motherhood declared fundamental right

ISLAMABAD: In a landmark ruling reinforcing protections for working women, the Federal Ombudsperson for Protection against Harassment of Women at the Workplace (FOSPAH) has declared that terminating a woman during maternity leave amounts to gender-based discrimination, imposing a fine of Rs1 million on a private IT firm.

The verdict came on a complaint filed by Zainab Zahrah Awan, who was dismissed in April 2024 while on duly sanctioned maternity leave. The Ombudsperson ruled that her termination violated the Protection against Harassment of Women at the Workplace Act, 2010, and infringed upon fundamental rights guaranteed under Articles 14, 25, and 37 of the Constitution — including dignity, equality, and protection of motherhood.

The FOSPAH ordered that Rs800,000 be paid to the complainant as compensation and Rs200,000 deposited in the national treasury, while declaring the termination letter null and void and restoring her employment status.

In her detailed judgment, the Ombudsperson stressed that maternity protections are “non-negotiable and inviolable rights,” reaffirmed by Pakistan’s commitments under international instruments such as CEDAW, ICESCR, and ILO conventions. “Safe motherhood is not a favour; it is a fundamental right. No woman should be forced to choose between her career and motherhood,” the Ombudsperson stated.

The ruling sets a significant precedent for workplace gender equality in Pakistan and calls upon all public and private organisations to implement comprehensive maternity and anti-discrimination policies in line with constitutional and international obligations.