The Madhya Pradesh High Court ruled that pregnancy and motherhood cannot obstruct women’s access to higher education. Hearing Rumaisa Arwa’s plea, the court directed institutions to allow maternity and childcare leave, prioritizing equality, dignity, and educational rights.
JABALPUR : The Madhya Pradesh High Court has determined that pregnancy and motherhood should not hinder a woman’s pursuit of higher education. The court directed academic institutions to accommodate female students seeking maternity and childcare leave effectively.
This ruling came as a result of a writ petition filed by Rumaisa Arwa, a student enrolled in the Bachelor of Unani Medicine and Surgery (BUMS) program.
The division bench, consisting of Justice Vivek Rusia and Justice Pradeep Mittal, emphasized that rigid attendance policies must not take precedence over constitutional commitments to equality, dignity, and educational access for women.
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The case originated from Arwa’s enrollment at Hakim Syed Ziaul Hassan Government Autonomous Unani College in Bhopal, Madhya Pradesh, where she began her BUMS studies in 2022. After successfully completing her first-year exams, she advanced to the second year.
During this time, she got married, became pregnant, and gave birth on November 20, 2024. Due to her pregnancy and childbirth, Arwa was unable to fulfill the mandatory 75 percent attendance requirement needed to sit for her second-year examinations.
Despite her application for maternity leave, the college only allowed her a 10 percent relaxation in attendance. Consequently, with her attendance at 56.64 percent, she was initially barred from taking the exam. Arwa challenged this decision in the high court, seeking maternity leave and permission to sit for the examination. The court granted her interim permission to appear but withheld her results.
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Advocate Ahmad Shahid Hushain, representing the petitioner, cited a 2021 communication from the University Grants Commission (UGC) that instructed higher educational institutions to establish policies for maternity and childcare leave for female students. He argued that the respondents had not created such a policy, leaving women students subject to strict attendance rules.
The petitioner further referenced a ruling from the Delhi High Court in Renuka v. University Grants Commission and ors (WP(c) 3559/2023), which recognized women’s rights to maternity benefits in the workplace.
In opposition, Additional Advocate General Janhavi Pandit contended that attendance norms applied uniformly to all students and claimed that the petitioner had received the allowable relaxation. The division bench dismissed the State’s limited viewpoint, asserting that the principles behind maternity benefits should not be restricted to the workplace.
Highlighting that marriage and pregnancy should not obstruct women’s education the court stated,
“there is no reason not to extend such a principle to women who want to pursue higher studies,”.
The judges indicated that institutions have a duty to adapt and support women students, allowing them to meet attendance standards.
Given the absence of an institutional policy despite clear directives from the UGC, the court ruled that study materials and extra classes must be provided during pregnancy and after delivery, with childcare leave granted whenever possible.
Treating the situation as a special case, the court permitted relaxation of attendance requirements up to the necessary 75 percent, ordered the declaration of the petitioner’s second semester results, and allowed her to progress if she passed.
Case Title: Rumaisa Arwa v. The State of Madhya Pradesh and Others
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