In the landmark case of Supriya Jena v. State of Odisha & Ors.The Orissa High Court ruled that women employees who become mothers through surrogacy are entitled to maternity leave. This decision highlights the importance of maternity leave for both the well-being of the mother and the healthy development of the newborn.
Background
Supriya Jena, serving as the Joint Director (Accounts) at the Gopabandhu Academy of Administration, applied for maternity leave from October 25, 2018, to April 22, 2019, after becoming a mother through surrogacy on October 20, 2018. She further requested earned leave from April 23, 2019, to September 9, 2019, and resumed her duties on September 10, 2019. However, her leave applications were returned by the Finance Department, questioning the validity of such leave under the existing rules. This prompted Jena to seek redress from the High Court.
Key Points
- Judicial Recognition of Maternity Leave for Surrogacy:The Orissa High Court declared that denying maternity leave to women who attain motherhood through surrogacy is improper and violates their rights under Article 21 of the Constitution, which encompasses the right to motherhood and the child’s right to full development.
- Comparison with Adoptive Mothers: The court observed that while the Odisha Service Code grants 180 days of maternity leave to adoptive mothers, there is no similar provision for mothers through surrogacy.
- Precedents from Other High Courts:The court cited the Rajasthan High Court’s ruling in Smt. Chanda Keswani v. State of Rajasthan and the Bombay High Court’s decision in Dr. Mrs. Hema Vijay Menon v. State of Maharashtra, both supporting maternity leave for surrogacy.
- Societal and Legal Considerations:Drawing from the Supreme Court’s ruling in Anuj Garg v. Hotel Association of India,The court emphasized the need to adapt laws to societal changes and advancements in medical science.
Legal Provisions
- Odisha Service Code Rule 194:Grants 180 days of maternity leave to female employees but lacks provisions for surrogacy.
- Assisted Reproductive Technology (Regulations) Act, 2021: Recognizes surrogacy, influencing the court’s decision to extend maternity leave benefits to commissioning mothers.
Impacts
- Advancement of Reproductive Rights: This decision supports reproductive rights and gender equality by recognizing surrogacy as a legitimate means of becoming a parent.
- Mother and Child Welfare: Ensures that commissioning mothers have sufficient time to bond with and care for their newborns, promoting the child’s development and the mother’s caregiving role.
Conclusion
The Orissa High Court’s ruling to grant maternity leave to women who become mothers through surrogacy is a significant stride towards ensuring equal treatment for all mothers. By directing the State to amend the rules to include commissioning mothers, the court has advanced a more inclusive approach to maternity leave, reflective of medical advancements and societal changes. This decision reinforces the rights of mothers and the well-being of children, regardless of the means of parenthood.
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