The Delhi High Court has urged the Central Government to reconsider its policy that denies maternity leave to female government employees who have more than two children. The court highlighted the importance of maternity benefits as a fundamental right under Article 21 of the Constitution, which encompasses the right to bear and raise a child.
Background
The issue arose from a petition filed by a government employee who was denied maternity leave on the grounds that she already had two children. The petitioner argued that the rule was discriminatory and violated her constitutional rights. The court acknowledged that while population control policies are important, they should not come at the expense of fundamental rights and the well-being of mothers and children.
Court’s Observations
The Delhi High Court noted that maternity benefits are crucial for the health and welfare of both the mother and the child. Denying such benefits based on the number of children can lead to significant hardship and is not aligned with the principles of gender justice and equality. The court urged the Centre to review and amend the rule to ensure that all women, regardless of the number of children they have, are entitled to maternity leave and benefits.
Implications
This ruling underscores the need for policies that balance population control measures with the fundamental rights of individuals. It also highlights the judiciary’s role in ensuring that government policies do not disproportionately impact certain segments of society, particularly women. The court’s directive to the Centre to reconsider this rule could lead to significant changes in the way maternity benefits are administered to government employees.
Conclusion
The Delhi High Court’s call for a review of the rule denying maternity leave to women with more than two children is a step towards ensuring equitable and just policies for all. It emphasizes the importance of upholding fundamental rights and the need for policies that support the health and well-being of mothers and children.