Citizens can’t be forced to choose between right to education, right to exercise reproductive autonomy: HC

A single-judge bench of Justice Purushaindra Kumar Kaurav, in its May 23 order, said, “The Constitution envisaged an egalitarian society where citizens could exercise their rights, and the society as well as the State would allow the manifestation of their rights. A compromise was then not sought in the Constitutional scheme. The citizens could not be forced to choose between their right to education and their right to exercise reproductive autonomy.”

The court observed that while a man can “enjoy parenthood while pursuing his higher education”, a woman “necessarily has to undergo pre- and post-pregnancy care” as it is not her choice but the “will of nature”.

The court said that in such a case, the court has to choose between two roads that it can tread.

“It can either follow the bare text of an existing legal provision, be stuck at the bark of words, be blind to the consequences of the law, and allow it to take its course. The other pathway is of being sensitive to the person in the dispute, applying the values enshrined in the Constitution and attempting, wherever possible, to accommodate the law falling short of societal development,” Justice Kaurav said.

“The first path would force a woman to necessarily choose between her right to a higher education and the right of becoming a mother. A woman would then have to either re-engage herself in the activity that she was previously pursuing and was halted by her pregnancy or would have to remain content with her having been unable to complete her vocation or education,” Justice Kaurav added.

The court, however, said that it cannot create a “different compartment” for the purposes of relaxation of attendance.

The student had sought a 59-day maternity leave with the HC observing that if this leave is considered under the “theory classes”, the student would be fulfilling the 80 per cent attendance criteria in the same.

The court said this would ensure that the right of the petitioner is secured without compromising the standards to be maintained by the educational institution. “It is for this reason, this court under the facts of the present case deems it appropriate to direct the respondent no.2- University to consider the application of the petitioner for the grant of 59 days leave as maternity leave against 80% theory classes,” the HC directed.

The HC said that in case the student fulfils the minimum 80% attendance criteria in theory classes, after accounting for the 59 days maternity leave, “let the appropriate steps to allow the petitioner to appear in the examination be taken by the respondent no.2-University without any delay”.

The HC was hearing the student’s plea seeking direction to the University Grants Commission (UGC) to frame specific rules and regulations for grant of maternity leave for post-graduate and under-graduate courses. The woman had enrolled in Chaudhary Charan Singh University in December, 2021 to pursue a two-year M Ed regular course. She filed an application for maternity leave before the Dean and Vice-Chancellor concerned of the university. On February 28, her request was denied. Thereafter, she approached the UGC. When she did not receive a response, she moved the HC.