Delhi High Court urges Centre to review rule denying maternity leave to govt employees with more than 2 kids

The Delhi High Court recently urged the Central government to reconsider Rule 43 of the Central Civil Services (CCS) (Leave) Rules, which denies maternity leave to female government servants with more than two children..A Bench of Justices Suresh Kumar Kait and Girish Kathpalia observed,"For population explosion, the government servants are not the only class to be held responsible. Nothing has been placed before us to show the steps taken by the government addressed to the citizens other than government servants for population control. To reiterate, it is not the question of incentivising the lady government servant with the third and the subsequent maternity leave; it is the question of protecting rights of the third and the subsequent child to mother’s touch..."Disincentives for having more than two children should target the parents, not the children, the Court added."What is the fault of the third and subsequent child? They did not have any control over their birth. That being so, it would be atrocious to expect the third and the subsequent child to be deprived of motherly touch immediately post natal and during infancy because Rule 43 expects the mother of that child to report for official duties the very next day of delivery. That third and subsequent child being completely helpless, therefore, it is the duty of the court to step in.".The Court was hearing a plea challenging a Central Administrative Tribunal (CAT) order that directed police authorities to grant maternity leave to a lady constable with a third child. The constable, who had two children from her first marriage (which was dissolved), had a third child from her second marriage. When her maternity leave application was rejected as a result, she moved the CAT, which held in her favour. The Delhi Police then moved the High Court in appeal..In the course of its analysis, the Bench said that the provisions of the Maternity Benefit Act, 1961 does not make a distinction between a regular and contractual woman employees. The overall scheme of the Act as well international covenants signed by India should be the guiding light while interpreting Rule 43, the Bench stated.It added that a mother's touch was crucial for the physical as well as psychological development of children. As regards the well-being of the mother herself, the Court said,"The purpose of the maternity leave is to ensure that a working lady may overcome the state of motherhood honourably, peaceably and undeterred by the fear of being victimized for forced absence from work during pre and post natal period. Women, even otherwise constituting sizeable part of workforce in our society, must be treated with honour and dignity at places where they work to earn livelihood."It went on to say that whatever the nature of their job and the workplace, women must be provided all the facilities to which they are entitled.“Identity of a women is often tangled within the patriarchal structure of a profit motivated enterprise which dare to see mothering or family responsibility remain subordinate to their interest. Complexity of working environment as above is designed by an architecture without adhering to rules of gender equity; often overwhelmingly to suit men.".The Bench thus dismissed the appeal and upheld the tribunal's order, while urging the government authorities to reconsider the sustainability of Rule 43 of the CCS (Leave) Rules..Standing Counsel (GNCTD) Avnish Ahlawat along with Advocates NK Singh, Laavanya Kaushik, Aliza Alam and Mohnish Sehrawat appeared for the Commissioner of Police.Advocates Avshreya Pratap Singh Rudy and Usha Jamnal appeared for the constable..[Read Order]