Delhi High Court
Photo: ANI
Expansion
The Delhi High Court said that women cannot be forced to choose between studying or having children. Along with this important remark, the court also directed to give the benefit of maternity leave to a student of M.Ed and to allow her to sit in the examination after completing the required attendance.
Justice Purushendra Kumar Kaurav, recently delivering the verdict on the petition of M.Ed student, said that the Constitution has envisaged an egalitarian society, in which citizens can exercise their rights. Along with the society, the state also allows them to do this. The court further said that as per the constitutional scheme of things, one cannot be forced to choose between the right to education and the right to reproductive autonomy.
this is the case
The woman petitioner had enrolled for a two-year M.Ed course at Chaudhary Charan Singh University in December, 2021. She had applied to the university dean and vice-chancellor for maternity leave. It was rejected on 28 February.
Based on attendance standard
The university management had denied the benefit of maternity leave to the petitioner on the ground of meeting the mandatory attendance standards in the class. Thereafter, the petitioner approached the High Court.
University management’s decision canceled
The High Court quashed the February 2023 decision of the university management and asked it to reconsider giving the benefit of 59 days maternity leave to the petitioner. Also, directed that if after this the standard of 80 percent attendance required in the class is met, then he should be allowed to appear in the examination.
right to live with dignity
The court also said, various judgments have held that availing of maternity leave in the workplace is an integral aspect of the right to live with dignity under Article 21 of the Constitution.
