Delhi High Court has ruled that women cannot be forced to choose between their right to education and their right to exercise reproductive autonomy. The court granted relief to a female candidate who had been denied maternity leave while pursuing a Master of Education (MEd) course.

Justice Purushaindra Kumar Kaurav emphasized that the Constitution of India envisions an egalitarian society where citizens have the right to exercise their rights without compromise, and no one should be forced to choose between education and reproductive autonomy.

The woman had enrolled in a two-year M.Ed. course at Chaudhary Charan Singh University in December 2021. When she applied for maternity leave, her request was rejected by the university's Dean and Vice-Chancellor. The court set aside their decision and directed the university to reconsider her application for 59 days of maternity leave against the theory classes. If she fulfills the minimum attendance criteria after accounting for the maternity leave, she should be allowed to appear in the examination.

The court emphasized that the right of women to avail maternity leave is an integral aspect of the right to live with dignity under Article 21 of the Constitution. It stated that the Constitution was adopted as a pledge to disassociate from parochial notions and to ensure equality for all citizens, regardless of gender, race, religion, or caste.

The court highlighted two paths that society and the court can follow in such cases. One path is to strictly follow the bare text of existing legal provisions without considering the consequences, which would force a woman to choose between education and motherhood. The other path is to be sensitive to the individual and apply constitutional values. The court advocated for the latter approach, stating that while it cannot create a different compartment for the purposes of attendance relaxation, it must also cater to the interests of candidates seeking maternity leave.

Case Titled: RENUKA v. University Grants Commission and Anr. T

Petitioner was represented by Advocate Bhawanshu Sharma, while UGC was represented by Advocates Apoorv Kurup and Kirit Dadheech. Chaudhary Charan Singh University was represented by Advocate Nikhil Jain.