delhi high court
– Photo : Amar Ujala
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The Delhi High Court recently urged the Central government to reconsider Rule 43 of the Central Civil Services (CCS) Rules, which denies maternity leave to female government servants having more than two children.
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A bench of Justice Suresh Kumar Kait and Justice Girish Kathpalia said that government employees are not the only ones responsible for the population explosion. Nothing has been placed before us which shows what steps the government has taken for citizens other than government employees for population control. It is not a question of encouraging a female government employee to take maternity leave for the third and subsequent children, it is a question of protecting the rights of the third and subsequent children to the touch of the mother.
The bench said that measures to discourage having more than two children should target the parents and not the children. What is the fault of the third and subsequent child? They have no control over their birth. That being the case, it would be atrocity to expect the third and subsequent child to be deprived of maternal touch immediately after birth and during infancy, because as per Rule 43 the mother of that child must report for official duties the very next day of delivery. That third and subsequent child is completely helpless, so it is the duty of the court to intervene.
The court was hearing a petition challenging the order of the Central Administrative Tribunal (CAT) which directed police authorities to grant maternity leave to a woman constable who had a third child. The constable had two children from her first marriage (which had broken down) and a third child from her second marriage. When her application for maternity leave was rejected, she approached the CAT, which ruled in her favour. After this, the Delhi Police moved the High Court in appeal.
The bench dismissed the appeal and upheld the order of the tribunal, while urging the government authorities to reconsider the sustainability of Rule 43 of the CCS (Leave) Rules.
