Delhi High Court Challenges Restriction on Maternity Leave for Third Child

The Delhi High Court questioned the Central Civil Services (Leave) Rules, 1972, which restricts maternity leave to two children, potentially depriving the third child of motherly care. The high court argued that the rule is unreasonable and urged authorities to reassess its sustainability, prioritizing children's rights and maternal care.

The Delhi High Court has raised concerns over the Central Civil Services (Leave) Rules, 1972, which limits the entitlement of female government employees to maternity leave to their first two children. The court has urged authorities to re-examine this rule, emphasizing the importance of motherly care for all children, including the third and subsequent ones.

In its ruling, the high court pointed out that the third child, who had no control over their birth, should not be deprived of maternal care. The court also emphasized that the physiological, physical, and psychological changes a woman undergoes during pregnancy remain the same, regardless of the number of births.

This statement came during an appeal by Delhi Police authorities against a ruling by the Central Administrative Tribunal (CAT) that granted maternity leave to a woman constable for her third child. The court dismissed the appeal, calling for a reassessment of Rule 43 and advocating for policies that focus on parental responsibility rather than penalizing the child.