'Adoptive mothers also entitled to maternity leaves': Chhattisgarh High Court
What's the story
In a landmark judgment, the Chhattisgarh High Court has ruled that women employees who adopt children are also entitled to childcare/child adoption/maternity leave.
The court said the right is inherent under Article 21 of the Constitution.
Justice Bibhu Datta Guru further clarified there should be no bias between biological and surrogate/adoptive mothers in granting maternity benefits.
Equal rights
Court emphasizes equal rights for all mothers
Justice Guru said, "There is no distinction between the natural, biological, surrogate or commissioning/adoption mothers and all of them have the fundamental right to life and motherhood, contained under Article 21 of the Constitution of India."
"Children born from the process of surrogacy/adoption have the right to life, care, protection, love, affection and development through their mother, then certainly such mothers have right to get maternity leave for above purpose," he said.
Policy conflict
IIM's HR policy sparks leave dispute
The judgment came on a petition by an Assistant Administrative Officer at the Indian Institute of Management (IIM), Raipur.
She had adopted a two-day-old girl on November 20, 2023 and sought child adoption leave of 180 days from that date.
However, the IIM rejected her extended leave request, quoting its HR policy, which said there is no provision for child adoption leave.
HC ruling
High court rules in favor of adoptive mother
It said the institute only gives up to 60 days of commuted leave to female employees with less than two living children who adopt a child younger than one year old.
But the petitioner insisted on a 180-day leave under the provisions of the Central Civil Services (Leave) Rules, 1972 ('the 1972 Rules').
The HC upheld the petitioner's claims, saying Articles 19 and 21 can be enforced even against non-state actors.
Leave significance
Court highlights importance of child adoption leave
Justice Datta also analyzed IIM's HR policy and said it ought to be guided by rules prescribed by the Government of India.
The court highlighted that child adoption leave isn't a perk, but a right, that enables women to devote themselves fully to their child's development without any pressure of work.
"If a woman is denied child care leave it offends her fundamental right to life," he said.