CUTTACK: Orissa high court recently directed the state govt to grant 180 days maternity leave to an Orissa Finance Service (OFS) officer who became a mother through surrogacy . Maternity leave should not be dependent on how a person becomes a mother, court said.
The single judge bench of Justice S K Panigrahi ruled, "Maternity leave should be granted to employees who become mothers through surrogacy to ensure treatment and support for all new mothers, irrespective of how they become parents."
The ruling came on June 25 while the court was considering the petition of OFS officer Supriya Jena, who had filed a petition in 2020. Odisha govt had denied her the leave as she became a mother through surrogacy.
Justice Panigrahi said if the govt could provide maternity leave to an adoptive mother, it would be improper to refuse it to a surrogate mother. "Additionally, the initial period after the birth of a child is crucial for the mother's involvement in caregiving and nurturing, which is pivotal for the child's development. Accordingly, the right to life under Article 21 of the Constitution includes the right to motherhood and also, the right of every child to full development," he said.
Justice Panigrahi further said: "It is directed to the concerned department of the state to incorporate this aspect in the relevant provisions of the rules to treat a child born out of surrogacy in the similar manner as a child born out of the natural process and provide the commissioning mother with all the benefits provided thereto."
The court pointed out that providing maternity leave to surrogate mothers ensures they have the necessary time to create a stable and loving environment for their children.
"Additionally, international conventions to which India is a signatory, such as the Convention on the Elimination of All Forms of Discrimination Against Women, mandate equal treatment and non-discrimination in matters related to employment and maternity," Justice Panigrahi added.
The single judge bench of Justice S K Panigrahi ruled, "Maternity leave should be granted to employees who become mothers through surrogacy to ensure treatment and support for all new mothers, irrespective of how they become parents."
The ruling came on June 25 while the court was considering the petition of OFS officer Supriya Jena, who had filed a petition in 2020. Odisha govt had denied her the leave as she became a mother through surrogacy.
Justice Panigrahi said if the govt could provide maternity leave to an adoptive mother, it would be improper to refuse it to a surrogate mother. "Additionally, the initial period after the birth of a child is crucial for the mother's involvement in caregiving and nurturing, which is pivotal for the child's development. Accordingly, the right to life under Article 21 of the Constitution includes the right to motherhood and also, the right of every child to full development," he said.
Justice Panigrahi further said: "It is directed to the concerned department of the state to incorporate this aspect in the relevant provisions of the rules to treat a child born out of surrogacy in the similar manner as a child born out of the natural process and provide the commissioning mother with all the benefits provided thereto."
The court pointed out that providing maternity leave to surrogate mothers ensures they have the necessary time to create a stable and loving environment for their children.
"Additionally, international conventions to which India is a signatory, such as the Convention on the Elimination of All Forms of Discrimination Against Women, mandate equal treatment and non-discrimination in matters related to employment and maternity," Justice Panigrahi added.
