No Minimum Gap Between Pregnancies for Maternity Leave: Allahabad HC
UPSC / SSC current affairs note · Polity
Why in news
The Allahabad High Court ruled that there is no requirement of a minimum gap between two pregnancies to claim maternity leave. The court set aside a government order that had denied maternity leave to a staff nurse on the ground that less than two years had elapsed since her previous maternity leave. The judgment clarifies that the Social Security Code, 2020 governs maternity benefits and does not impose any timeline between pregnancies.
Background
The petitioner, Shikha Yadav, a staff nurse under the Uttar Pradesh government, was denied 180 days of maternity leave for her second pregnancy because her previous maternity leave ended in July 2024 and the expected delivery was in January 2026, i.e., less than two years gap. The department relied on executive instructions requiring a two-year gap.
Key facts
Allahabad HC held that no minimum gap is required between two pregnancies to claim maternity leave.
The court set aside a January 9 order of the Medical Education Department rejecting maternity leave for Shikha Yadav.
The petitioner is a regularly appointed staff nurse/nursing officer under the UP government.
She was earlier granted 180 days' maternity leave ending July 2024; second child expected January 2026.
The rejection was solely on the ground that two years had not elapsed since the previous maternity leave.
The court ruled that the Social Security Code, 2020 prevails over executive instructions and does not impose any timeline between pregnancies.
The court directed the petitioner to file a fresh application and the authority to decide in light of the observations.
The judgment was delivered by Justice Siddharth Nandan on July 15, 2026.
Prelims pointers
- Social Security Code, 2020
- Maternity leave provisions under the Code
- Allahabad High Court
- Justice Siddharth Nandan
- Uttar Pradesh Medical Education Department
- Staff nurse/nursing officer
- 180 days maternity leave
Mains angles
- Discuss the significance of the Social Security Code, 2020 in harmonizing maternity benefits across sectors.
- Examine the role of judiciary in interpreting social welfare legislation to protect women's rights.
- Analyze the conflict between executive instructions and statutory codes, and the principle of legislative supremacy.