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Even if the husband already has two children, the woman will get maternity leave for her biological child – Supreme Court

Supreme Court News: Supreme Court has ordered to grant maternity leave to a woman for having biological children. A bench headed by Justice DY Chandrachud of the Supreme Court has observed that the purpose behind granting maternity leave is that the woman is not deprived of a job because of the birth of a child.

Supreme Court Biological Child Hearing

Highlights

  • Supreme Court has given a big decision on maternity leave
  • SC said that even if a woman has two children from her first husband, she will get leave for her biological child
  • The bench of Justice DY Chandrachud gave this decision
New Delhi: The Supreme Court has held that even if a woman’s husband has two children from an earlier marriage, she will get maternity leave to have biological children of her own and the same cannot be denied. Under Rule 43, there is a provision that a woman worker can get maternity leave for up to two children. The woman’s husband had two children from his previous marriage. The woman had taken child care leave to take care of him. Later, when the woman had children of her own, the authority cited the Rule 43 restriction and refused to grant leave.

It is necessary to protect the interests of women

The Supreme Court has said that the Central Civil Services Leave Rules, 1972 will have to be interpreted in the light of the Maternity Benefit Act and Article 15 of the Constitution so that the interest of women can be protected. If the above interpretation is accepted, then the benefit given to women will become meaningless.

Natural process of a woman to have a child in her life
A bench headed by Justice DY Chandrachud of the Supreme Court has observed that the purpose behind granting maternity leave is that the woman is not deprived of a job because of the birth of a child and does not have to leave the job because in the life of every woman she has to become a mother and have children. Creating is a natural aspect. The Supreme Court said that the grant of maternity leave is to motivate the woman to take up the job. It is a harsh truth that if this provision was not there, in case of non-availability of leave, the woman was forced to leave the job. Having children is a natural process in a woman’s life.

what was the matter

The woman, a nursing officer at the Post Graduate Institute of Medical Education and Research, Chandigarh, was denied maternity leave because she had taken child care leave. The woman had taken child care leave for the children of her husband’s first marriage. After she had her own biological child, she was refused maternity leave. The woman approached the CAT and did not get relief from there, then the matter went to the Punjab Haryana High Court. The application was also rejected by the High Court. Benefit was denied under Central Civil Services Rules 43. When the matter came up in the Supreme Court, the Supreme Court reversed the decision of both CAT and the High Court and said that women are entitled to maternity leave and denying them leave is against Rule 43.

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Web Title: Hindi News from Navbharat Times, TIL Network

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