Maternity Leave

The Rajasthan High Court’s Jaipur bench ruled on Wednesday that maternity leave cannot be denied to a mother who gives birth through surrogacy, emphasizing the right to life under Article 21 of the Indian Constitution. Justice Anoop Kumar Dhand stated that discriminating against mothers who use surrogacy for maternity leave would violate their constitutional rights.

The court asserted that the right to life under Article 21 includes the right to motherhood, and there should be no distinction between adoptive mothers and those who conceive through surrogacy. It emphasized that denying maternity leave to a surrogate mother is unjustified, as it goes against the principles of motherhood and the child’s right to love, care, and attention.

The court underscored the importance of motherhood as a foundational aspect of civilization and urged the government to bring appropriate legislation to address this issue.

The judgment was delivered in response to a plea filed by a woman who gave birth to twins through surrogacy. Despite seeking maternity leave as per the Rajasthan Service Rules, 1958, the petitioner was denied leave because the rules did not explicitly provide for couples with children through surrogacy.

The court ordered state authorities to grant the petitioner her 180 days of maternity leave, emphasizing that previous court decisions have recognized the fundamental rights of natural, biological, and surrogate or commissioning mothers.

_{Repurposed article originally published in Bar and Bench}