‘Right to motherhood’: Rajasthan High Court grants teacher 180 days’ maternity leave

The Rajasthan High Court has granted a government school teacher a full 180-day maternity leave, including full salary and service benefits, after she received only 34 days of leave prior to joining a new school. Justice Anoop Kumar Dhand, presiding over the teacher's petition, emphasized that maternity leave is crucial for establishing a bond of affection between a mother and her child, and that the right to motherhood is protected under the Constitution of India.

The teacher, who gave birth on September 27, 2023, requested 180 days of maternity leave starting from September 1, 2023, but her request was initially denied. She was subsequently granted child care leave on three occasions before approaching the high court. The court held that the purpose of maternity leave is to protect the dignity of motherhood and ensure the well-being of both the mother and child, as well as to promote social justice.

The court ordered the state authorities to grant the teacher the full 180-day maternity leave starting from September 1, 2023, and to pay her the entire salary during the leave period, without treating it as a break in service.