The Delhi High Court urged the Centre to reconsider the rule denying maternity leave to government employees with more than two children. The court noted that government servants should not be solely blamed for population explosion.
New Delhi: The Delhi High Court called on the Central government to revisit Rule 43 of the Central Civil Services (CCS) (Leave) Rules, which prohibits maternity leave for female government employees with more than two children.
A Bench consisting of Justices Suresh Kumar Kait and Girish Kathpalia remarked,
“For the issue of population explosion, government servants are not the sole group to be held accountable. There is no evidence presented to show the measures taken by the government for population control directed at citizens other than government employees. It is crucial to note that this is not about providing additional maternity leave as an incentive for the third and subsequent children; it is about safeguarding the rights of these children to their mother’s care.”
The Court emphasized that penalties for having more than two children should be directed at the parents, not the children.
The Court added,
“What is the fault of the third and subsequent child? They had no control over their birth. Expecting the third and subsequent child to be deprived of maternal care immediately after birth because Rule 43 requires the mother to return to work the day after delivery is unjust. These children, being entirely helpless, necessitate the court’s intervention to protect their rights.”
The Delhi High Court addressing a plea challenging a Central Administrative Tribunal (CAT) order, which had instructed police authorities to grant maternity leave to a female constable with a third child.
The constable had two children from her first marriage, which ended in divorce, and a third child from her second marriage. Her maternity leave application denied, leading her to approach the CAT, which ruled in her favour. The Delhi Police subsequently appealed to the High Court.
In its deliberation, the Bench highlighted that the Maternity Benefit Act, 1961 does not differentiate between regular and contractual female employees.
The Bench stated,
“The Act’s overall framework, along with international agreements signed by India, should guide the interpretation of Rule 43.”
The Bench further emphasized the importance of a mother’s presence for the physical and psychological development of her children. Regarding the mother’s well-being, the Court stated,
“The purpose of maternity leave is to ensure that a working woman can experience motherhood with dignity, without fear of being penalized for necessary absences during the pre- and post-natal periods. Women, who are a significant part of our workforce, must be treated with respect and dignity at their workplaces.”
It continued, asserting that regardless of their job nature and workplace, women should receive all entitled facilities.
“Women’s identities are often entwined within a patriarchal system where maternal and familial responsibilities are deemed secondary to corporate interests. Such a work environment, designed without gender equity considerations, often disproportionately benefits men.”
The Bench, therefore, dismissed the appeal, upholding the tribunal’s decision, and urged government authorities to reconsider Rule 43 of the CCS (Leave) Rules.
Standing Counsel (GNCTD) Avnish Ahlawat, along with Advocates NK Singh, Laavanya Kaushik, Aliza Alam, and Mohnish Sehrawat, represented the Commissioner of Police.
Advocates Avshreya Pratap Singh Rudy and Usha Jamnal represented the constable.
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