The Chhattisgarh High Court held that denying a woman child care leave offends her fundamental right to life. The Court clarified that the female officers/employees of the Indian Institute of Management (IIM) are entitled to Child Adoption Leave as per Rule 43-B of the Central Civil Services (Leave) Rules 1972, as the HR Policy of IIM, Raipur, was silent on this aspect. The Bench stated that child adoption/child care leave is not just a benefit but a right that supports the fundamental need of a woman to take care of her family.
An Assistant Administrative Officer at IIM Raipur was denied her request for 180 days of Child Adoption Leave after adopting a two-day-old infant girl. The Institute cited the absence of such a provision in its HR policy and instead granted her 60 days of commuted leave, which it claimed was the maximum permissible for female staff adopting a child under one year old.
The Single Bench of Justice Bibhu Datta Guru observed, “Maternity/child adoption/child care leave cannot be compared or equated with any other leave as it is the inherent right of every women employee which cannot be simply denied on technical grounds. If a women is denied maternity leave, it offends her fundamental right to life guaranteed under Article 12 of the Constitution. Every child has a right to love and be loved and to grow up in an atmosphere of love and affection and of moral and material security and this is possible only if the child is brought up in a family. The most congenial environment would, of course, be that of the family of his biological parents.”
The High Court emphasized that motherhood does not end with childbirth and that commissioning or adoptive mothers cannot be denied paid maternity leave. The Court held that a woman should not face discrimination in maternity benefits simply because the child was acquired through surrogacy or adoption. It stressed that a newborn requires maternal care during its most vulnerable period and cannot be left to others.
The Court ruled that the Petitioner was entitled to 180 days of Child Adoption Leave under the 1972 Rules and directed IIM Raipur to adjust the 84 days of leave already granted accordingly, allowing the appeal.
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