The Delhi High Court recently instructed Chaudhary Charan Singh University in Meerut to give the greenlight to a Masters of Education (M.Ed.) student's application for maternity leave, as long as she meets the minimum attendance requirement
Justice Purushaindra Kumar Kaurav made it clear that people shouldn't have to pick between their right to education and their right to decide when to have kids.
He said, "A man could then well enjoy parenthood while pursuing his higher education, whereas a woman necessarily has to undergo pre- and post-pregnancy care. It is not her choice, but the will of nature. What is, however, left for us to decide is the consequence we would impose upon a woman who bears a child."
The Court was dealing with a case where the petitioner asked for maternity leave, even though there weren't any specific rules for it. The petitioner also wanted the University Grants Commission (UGC) to create proper guidelines for maternity leave in postgraduate and undergraduate courses.
However, Justice Kaurav also acknowledged the importance of meeting the minimum attendance requirement and stated that the Court could not create exceptions for attendance relaxation.
After reviewing the case, it was found that if the petitioner's request for 59 days of leave for theory classes was granted, she would still meet the 80 per cent attendance criteria.
"The same would ensure that the right of the petitioner is secured without compromising the standards to be maintained by the educational institution."
Hence, the Court ordered the University to reconsider the application and allow the petitioner to take her exams, as long as she meets the minimum attendance criteria for theory classes.
Regarding the petitioner's absence from practical classes, the Court suggested that it could be arranged as a special case.