No Fixed Gap Between Pregnancies Needed for Maternity Leave: Allahabad HC
UPSC / SSC current affairs note · Polity
Why in news
The Allahabad High Court ruled that maternity leave benefits cannot be denied due to a lack of a fixed gap between two pregnancies. This decision overrides a state government order that required a two-year gap, impacting female employees' rights under the Social Security Code, 2020.
Background
The case involved a nurse, Shikha Yadav, whose maternity leave application for her second child was rejected by the Uttar Pradesh Medical Education Department based on a 2008 government order and Rule 153(1) of the UP Financial Handbook, which mandated a two-year gap between pregnancies for maternity leave eligibility.
Key facts
Allahabad HC held that no fixed gap between two pregnancies is required for maternity leave benefits.
The court ruled that the Social Security Code, 2020 governs maternity benefits and does not impose any timeline between pregnancies.
The court set aside a January 9, 2026 order by the medical education department rejecting the petitioner's leave claim.
The petitioner, Shikha Yadav, a staff nurse, had been granted 180 days maternity leave from Jan 29 to Jul 27, 2024 for her first child.
She applied for 180 days maternity leave for her second child (expected delivery Jan 12, 2026) from Jan 19 to Jul 17, 2026.
The rejection was based on a 2008 government order and Rule 153(1) of the UP Financial Handbook requiring a two-year gap.
The court held that the Social Security Code, 2020 prevails over executive instructions and read down Rule 153(1).
The court directed the petitioner to file a fresh application, and the authority must decide in light of the judgment.
Prelims pointers
- Allahabad High Court
- Social Security Code, 2020
- Maternity Benefit Act, 1961 (amended 2017)
- Rule 153(1) of UP Financial Handbook
- Article 39(e) and 42 of Indian Constitution (related to maternity relief)
- Maternity leave: 26 weeks (180 days) under Maternity Benefit Act for first two children
- Uttar Pradesh Medical Education Department
Mains angles
- GS2: Social Justice - Women and Child Development: Discuss the significance of maternity leave as a social security measure and the role of judiciary in upholding women's rights.
- GS2: Polity - Judiciary: Examine the power of High Courts to interpret laws and override executive instructions inconsistent with central legislation.
- GS3: Labour Laws: Analyze the impact of the Social Security Code, 2020 on existing state rules and the need for harmonization.