Court Ruling Affirms Right to Maternity Leave for Mothers via Surrogacy, Citing Article 21 of the Constitution
In a landmark decision, the Himachal Pradesh High Court has ruled in favor of granting maternity leave to commissioning mothers under the Central Civil Services (Leave) Rules, 1972. The judgment, delivered by Justice Ajay Mohan Goel, came in response to a petition filed by Dr. Juhi Manhas, who sought maternity leave as a commissioning mother despite the State not adopting the Department of Personnel and Training (DoPT) notification on surrogacy.
The court emphasized that a commissioning mother, like any natural mother, is entitled to maternity leave under Rule 43(1) of the CCS (Leave) Rules. This entitlement stands irrespective of whether the Himachal Pradesh government has formally adopted the DoPT's notification. Justice Goel highlighted that denying such leave would violate Article 21 of the Constitution, which encompasses the right to motherhood and the child's right to full development.
The judgment also referenced a previous decision by the court's Division Bench in the case of Sushma Devi v. State of HP, which established that a commissioning mother cannot be discriminated against regarding maternity benefits. The court underscored the necessity of maternity leave for fostering a bond of affection between mother and child, an essential aspect of social justice for women.
Furthermore, the court noted the inconsistency in the State's policy, which permits child adoption leave under Rule 43-B of the CCS (Leave) Rules but denies the same to commissioning mothers. The ruling mandates that the State treat the petitioner's leave as maternity leave and ensure the release of her withheld salary.
This decision marks a significant step in recognizing the rights of commissioning mothers and ensuring equitable maternity benefits within the framework of the CCS (Leave) Rules, setting a precedent for future cases in the State.
Bottom Line:
Commissioning mothers are entitled to maternity leave under CCS (Leave) Rules, 1972 in the State of Himachal Pradesh, even if the DoPT notification on surrogacy has not been adopted by the State Government.
Statutory provision(s): Central Civil Services (Leave) Rules, 1972, Rule 43(1), Article 21 of the Constitution of India, DoPT Notification dated 18/6/2024, Himachal Pradesh Government Notification dated 10th October, 2022.
Dr. Juhi Manhas v. State of H.P., (Himachal Pradesh) : Law Finder Doc id # 2957911
