The Delhi High Court has issued an criticizing the government’s policy of denying maternity leave to women government servants with more than two children. The court has directed the central government to reconsider Rule 43 of the Central Civil Services (CCS) (Leave) Rules. This judgment was pronounced by a division bench comprising of Justice Suresh Kumar Kait and Justice Girish Kathpalia on July 22, 2024.
Rule 43 of the Central Civil Service Rules, 1972 states that “a female Government servant (including an apprentice) with less than two surviving children may be granted maternity leave by an authority competent to grant leave for a period of (180 days) from the date of its commencement.“
Facts of the Case
The case originated from a plea filed by a police constable who was denied maternity leave due to having a third child. The court emphasized that denying maternity leave to a woman with more than two children unfairly penalizes subsequent children.
“Of course, the two child policy aimed at
population control is a laudable policy. That being so, we certainly do not
advocate to incentivise more than two children. But the steps to
disincentivise more than three children must be addressed to the parents and not to the children. What is the fault of the third and subsequent child?
They did not have any control over their birth.”
The court stressed that the government should focus on broader population control measures rather than penalizing women for having more than two children. It highlighted the importance of maternal care for the overall development of the child, especially in the initial stages of life.
The court has directed the government to examine the issue and consider formulating a new policy that ensures the rights of all children, irrespective of the number of siblings.
