Introduction:

In a significant ruling by the Orissa High Court, the entitlement of maternity leave for women who attain motherhood through surrogacy has been judicially affirmed. This case, involving a petitioner employed as Joint Director (Accounts) at the Gopabandhu Academy of Administration, challenges the denial of maternity leave following her surrogacy-induced motherhood. The petitioner’s application for leave was met with bureaucratic resistance, prompting her to seek legal recourse.

Arguments of Both Sides:

The petitioner, represented by Mr. D.P. Nanda, Senior Advocate, argued that denying maternity leave to women who become mothers through surrogacy contradicts constitutional rights, specifically Article 21’s protection of life and personal liberty. The State, represented by Mr. Dhananjay Mund, Additional Government Advocate, contended that existing rules under the Odisha Service Code did not explicitly provide for maternity leave in such cases, citing the absence of specific provisions.

Court’s Judgment:

Dr. Justice Sanjeeb Kumar Panigrahi delivered the verdict, emphasizing that the right to life under Article 21 encompasses the right to motherhood, inclusive of surrogate mothers. Drawing on precedents from other high courts and Supreme Court rulings, the Court underscored the societal and legal recognition of surrogacy as a valid means of parenthood. It held that denying maternity leave in such circumstances violated principles of equality and dignity, particularly in light of legislative developments like the Assisted Reproductive Technology (Regulations) Act, 2021. Consequently, the High Court directed the State to grant the petitioner 180 days of maternity leave and instructed the incorporation of provisions for commissioning mothers in the Odisha Service Code, ensuring parity with adoptive mothers.