The Delhi High Court ordered Meerut’s Chaudhary Charan Singh University to give maternity leave to an MEd student if she fulfils the minimum attendance criteria. The bench said, “citizens could not be forced to choose between their right to education and right to exercise reproductive autonomy.”
The woman was enrolled in the regular 2 year MEd course in 2021 reuested for maternity leave in attendance to complete the course. She also asked for directives to UGC to frame particular rules for maternity leaves in higher studies including post graduate and under graduate courses.
Justice Purushaindra Kumar Kaurav said, “A man could then well enjoy parenthood while pursuing higher education, whereas a woman necessarily has to undergo pre and post-pregnancy care. It is not her choice, but the will of nature. What is, however, left for us to decide is the consequence we would impose upon a woman who bears a child.”
The bench observed the requirement to fulfil the attendance norms but stating that it “could not create a different compartment for the purpose relaxation” in exercise of its powers under Article 226 of the constitution.
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