The Orissa High Court has recently proclaimed in the latest judgement regarding the female employees who became mothers through surrogacy and are entitled to get the same maternity leave benefits as a biological mother. Through this decision the court emphasized on recognizing and legitimizing the several ways in which a woman can become a mother, ensuring equal rights and protection to each of them.
SURROGACY AND ITS LEGAL STATUS IN INDIA
Initially, there were no legal provisions for maternity leave for the surrogate mothers. This disparity leads to multiple legal challenges and the need for fair treatment. Later in 2021, provisions came into force i.e., The Surrogacy (Regulation) Act 2021 which authorizes solely altruistic surrogacy, in which the surrogate mother bears the child without any monetary remuneration other than medical bills and insurance. This law intends to prevent exploitation and guarantees ethical behavior in surrogacy relationships. The government has recently revised the regulations to provide six months of maternity leave to female employees who have children through surrogacy, this amendment tries to highlight the importance of early caring and the bonding between the mother and children, regardless of forms of parenting.
LATEST VERDICT OF ORISSA HIGH COURT-
"Maternity leave should be granted to employees who become mothers through surrogacy to ensure treatment and support for all new mothers, irrespective of how they become parents,"
- Justice S K Panigrahi ruled.
In the case of Supriya Jena v. State of Orissa &Ors. it was held in favor of Orissa Finance Services (OFS) official, awarding her 180 days of maternity leave after she became a mother via., Surrogacy. The court in reference to Article 21 of The Indian Constitution that ensures the protection of the Right to Life and Personal Liberty. By broadening the maternity leave rights of the surrogate mothers, the main focus of the court through this judgement was to preserve the well-being and rights of both mother and child.
It is directed to the state’s concerned department to incorporate these aspects into the relevant provisions of the rules in order to provide equal treatment in an equal manner as if the child is born through the natural process and provide the mother with all the benefits provided thereto.
Justice Panigrahi also held that giving surrogate mothers maternity leave guarantees that they have enough time to build a secure and caring environment for their children.
IMPLICATION OF THE JUDGEMENT
This decision recognizes the importance of early caregiving and bonding with the child in promoting both the mother's and child's physical and emotional well-being.
This judgment establishes a precedent for equal treatment of all types of motherhood within India's maternity leave policies. It mandates employers to acknowledge the entitlements of surrogate mothers, safeguarding their employment benefits. The ruling has the potential to instigate broader reforms in maternity leave norms, advocating inclusivity and fairness in workplace practices.
The decision emphasises fundamental rights such as the right to life under Article 21, which includes the right to live in dignity. This might impact future legal disputes by establishing a solid legal foundation for surrogate mothers' rights. Legislators may also take this decision into account when creating or changing legislation governing surrogacy and maternity benefits, ensuring that all moms, regardless of how they became mothers, get equal protection and support.
The Orissa High Court's groundbreaking judgement to uphold maternity leave rights for surrogates and commissioning moms is an essential step towards gender equality and inclusion in Indian employment rules. The court maintained nondiscrimination principles and the right to equal treatment under the law by recognising surrogate mothers' equal access to maternity benefits. This verdict assures that all types of motherhood are equally honoured and establishes a precedent for future legal interpretations and legislative revisions to India's maternity leave system. It emphasises the significance of caring obligations in early childhood development, focusing on the well-being of both mothers and children.
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