Delhi High Court issues notice in plea seeking relaxation of attendance norms for women on account of maternity

The Delhi High Court today issued notice in a petition seeking relaxation of attendance norms for women on account of pregnancy, child-birth and post-natal care..The PIL filed by Advocate Kush Kalra seeks to secure and protect the rights of women who drop out of educational institutions or are detained for a semester owing to failure to meet the minimum attendance requirement..The PIL states,“Lack of regulations/ guidelines by the Respondents for women who are deprived from their student status or are detained in any semester for failure to secure requisite the minimum attendance requirement owing to pregnancy, child-birth or post-natal care amounts to violation of their Fundamental Rights.”The plea also highlights that women have a Constitutional right to make their own reproductive choices as a part of their personal liberty recognized by Article 21 of the Constitution..While shedding light on the discriminatory nature of the Maternity Benefits Act, 1961, the PIL states, “This beneficial legislation provides several benefits and incentives to women who are in employment and several relaxations including maternity leave etc..Ironically, such benefits are not provided to women who are pursuing their qualifying degrees from educational institutions which will enable them to become a part of the workforce. The State cannot discriminate between women who are working and women who are studying.” .The PIL seeks to secure the right to pursue and complete higher education goals..This can only be achieved when the “State provides for a framework which allows these women incentives in the form of attendance relaxation so that in exercising their reproductive rights or bearing a child owing to decisions beyond their control are not detrimental to their educational aspirations”, states the PIL..The petitioner has also stated that he received negative replies from the All India Council of Technical Education, the Bar Council of India, the University Grants Commission and the Medical Council of India when he filed RTIs seeking information about existing rules for relaxation of attendance in case of pregnant women..Advocate Chinmoy Sharma appeared for the petitioner..Read the PIL here..Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.