The Himachal Pradesh High Court has allowed a woman government school teacher to avail 12 weeks of maternity leave for her third child, invoking constitutional principles to override a rigid application of service rules.
In its ruling, the court held that maternity benefits cannot be denied solely on the basis of a numerical cap when the facts of the case warrant a more humane and rights-based approach. Justice Jyotsna Rewal Dua observed that motherhood is closely linked to a woman&rsquo;s dignity, health and reproductive autonomy, all of which are protected under the Constitution.
The case arose after the state authorities refused maternity leave to the teacher, citing provisions of the Central Civil Services (Leave) Rules, 1972, which generally limit such benefits to women with fewer than two surviving children. The petitioner argued that the rule was applied mechanically despite her specific circumstances, including the fact that the third child was born after a subsequent marriage.
Accepting this argument, the High Court noted that service rules should be interpreted in a manner consistent with constitutional values. It held that exceptional situations merit relaxation of strict rules, particularly when denial of leave would adversely affect the health and well-being of both the mother and the newborn.
The court directed the state to grant the teacher 84 days of maternity leave, emphasising that social welfare legislation and service norms must be aligned with fundamental rights and not enforced in a way that undermines them.
The judgment is being seen as an important reaffirmation of women&rsquo;s workplace rights and a step toward a more compassionate interpretation of maternity benefits beyond the traditional two-child norm.

HP High Court grants 12-week leave for third child

Court invokes constitutional rights, allows maternity leave to teacher for third child

HP High Court grants 12-week leave for third child

Court invokes constitutional rights, allows maternity leave to teacher for third child

December 2, 2025 | 16:49 IST