REVIEW OF RULE DENYING MATERNITY LEAVE FOR THIRD CHILD
Why in the news?
- The Delhi High Court suggested the Centre reconsider Rule 43 of the Central Civil Services (Leave) Rules, which denies 180 days of maternity leave to women government employees with more than two children.
- Court emphasized that while the two-child policy aims at population control, it must comply with Article 14 of the Constitution.
Court’s Observations
- The Court highlighted that the two-child policy should address parents, not penalize the third child.
- The judgment noted that innovative measures for population control should be implemented, but once a third child exists, their rights should be protected.
Source: Comptetionpedia
Case Background
- The case involved a Delhi policewoman who sought maternity leave for her third child. Her first marriage ended in divorce, and she had two children from it.
- The Department of Personnel & Training (DoPT) had earlier denied her leave application based on Rule 43, leading to the High Court’s review.
Provision related to Maternity Leave
Maternity Leave for Female Government Servants
Leave Salary Adjustment
Maternity Leave for Miscarriage or Abortion
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