Court Directs Educational Institutions to Grant Attendance Relaxation and Support for Pregnant Students
In a significant ruling, the Madhya Pradesh High Court has reinforced the rights of female students to maternity leave and attendance relaxation, ensuring that pregnancy and marriage do not impede their educational pursuits. The Division Bench at Jabalpur, comprising Justices Vivek Rusia and Pradeep Mittal, delivered the judgment in the case of Rumaisa Arwa v. State Of Madhya Pradesh, emphasizing the need for educational institutions to accommodate students who face challenges due to pregnancy.
The petitioner, Rumaisa Arwa, a student of the Bachelor of Unani Medicine and Surgery (BUMS) course, sought legal intervention after being denied adequate maternity leave and relaxation in attendance requirements by her college. Despite complying with an interim order allowing her to sit for examinations, her results were withheld, prompting further legal proceedings.
Central to the court's decision was a directive from the University Grants Commission (UGC) dated October 14, 2021, which urged educational institutions to establish policies for granting maternity and child care leave to female students. The court noted that despite this directive, no such policies had been implemented by the respondent institutions.
The bench drew parallels with a prior decision by the Delhi High Court in the case of Renuka v. University Grants Commission, which recognized the right of women to avail maternity leave in the workplace. Extending this principle to academia, the Madhya Pradesh High Court underscored the necessity of providing female students with requisite support to complete their education, including study materials and extra classes during pregnancy and post-delivery.
Consequently, the court allowed Rumaisa Arwa's writ petition, granting her the necessary attendance relaxation and ordering the declaration of her pending examination results. Additionally, the court mandated her admission to the subsequent semester upon successful completion of her current academic requirements.
This landmark judgment not only sets a precedent for future cases involving maternity rights in educational settings but also places a responsibility on academic institutions to develop and implement comprehensive maternity leave policies, thereby promoting an inclusive and supportive educational environment for female students.
Bottom Line:
Female students pursuing higher education are entitled to maternity leave and relaxation in attendance requirements to ensure their education is not hindered due to marriage or pregnancy.
Statutory provision(s): University Grants Commission's directive dated 14.10.2021, Right to Maternity Leave, Child Care Leave
