The Delhi High Court has recently encouraged the Central government to reevaluate Rule 43 of the Central Civil Services (CCS) (Leave) Rules, which restricts maternity leave for female government employees who have 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

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, she moved the CAT, which ruled in her favor. The Delhi Police then appealed to the High Court.

In the course of its analysis, the Bench stated that the provisions of the Maternity Benefit Act, 1961, do not distinguish between regular and contractual women employees. The overall scheme of the Act, as well as international covenants signed by India, should be the guiding light while interpreting Rule 43, the Bench added.

It also noted that a mother's touch is 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."

The Bench thus dismissed the appeal and upheld the tribunal's order, while urging 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.

Case Title: Commissioner of Police and Anr v Ravina Yadav and Anr.