Chhattisgarh High Court Upholds Child Adoption Leave as Fundamental Right [Read Order]

Chhattisgarh: In a landmark judgment, the Chhattisgarh High Court has upheld the right of adoptive mothers to 180 days of child adoption leave, declaring that the right to motherhood—whether biological or adoptive—is constitutionally protected.

Justice Bibhu Datta Guru delivered the judgment in favor of Lata Goyal, an Assistant Administrative Officer at IIM Raipur, who was denied the full duration of child adoption leave after adopting a two-day-old infant girl in November 2023. Initially granted only 60 days of commuted leave, later extended to 84 days under the Maternity Benefit (Amendment) Act, 2017, Goyal challenged the decision.

The court emphasized that women’s participation in the workforce is not a privilege but a constitutional entitlement protected under Articles 14, 15, 21, and 19(1)(g) of the Constitution of India.

Addressing the importance of child adoption leave, Justice Guru stated, “Adoptive mothers, like all mothers, are capable of experiencing deep love and affection for their children, regardless of whether they are biological or adopted. The love and affection they offer can be just as strong and profound as that of a birth mother.”

The court held that IIM Raipur’s HR policy, being silent on child adoption leave, must default to the Central Civil Services (Leave) Rules, 1972, as per the institution’s own regulations in cases where specific provisions are absent.

Justice Guru stated, “Child adoption/child care leave is not merely a benefit but a right that underpins the fundamental need of a woman to care for her family. This inherent right cannot be denied on technical grounds.”

Referring to international conventions like the UN Convention on the Elimination of All Forms of Discrimination Against Women, the court reinforced that maternity leave with pay must be ensured without loss of employment or seniority.

The court also referred to the Supreme Court’s precedent in Lakshmi Kant Pandey v. Union of India, wherein the right to life was expanded to include the right to motherhood and every child’s right to full development.

Stressing the duty of the State as a model employer, the court noted that failure to provide adequate child care leave could force women out of the workforce, defeating constitutional objectives. The provision of such leave is essential to ensure women’s continued and equitable participation in employment.

Concluding its verdict, the court stated, “There is no distinction between natural, biological, surrogate, or commissioning/adoptive mothers. All have the fundamental right to life and motherhood under Article 21 of the Constitution.”

Accordingly, the court quashed IIM Raipur’s orders denying full leave and directed the institution to grant Goyal the complete 180 days of child adoption leave under the applicable rules.

Senior Advocate Abhishek Sinha, along with Advocate Khushboo Naresh Dua, appeared for the petitioner, while Senior Advocate Kishore Bhaduri, along with Advocates Sabyasachi Bhaduri and Harsh Dave, represented IIM Raipur.

Case Title: Lata Goyal v. The Union of India & Anr.

[Read Order]