Himachal Pradesh High Court Reaffirms Full Maternity Leave Rights for Commissioning Mothers via Surrogacy

Shimla : In a landmark ruling reinforcing reproductive rights and gender equity, the Himachal Pradesh High Court has affirmed that female state government employees who become mothers through surrogacy—referred to as commissioning mothers—are entitled to full maternity leave on par with biological and adoptive mothers.

Delivering the order, Justice Ajay Mohan Goel set aside the state government's decision to deny maternity benefits to petitioner Dr. Juhi Manhas, a medical professional who became a commissioning mother to two children through surrogacy. The High Court directed the Himachal Pradesh government to grant her 180 days of maternity leave for each child, allow all accompanying eligible leave benefits, and release her withheld salary within two months.

Dr. Manhas had initially applied for maternity leave under the Central Civil Services (Leave) Rules, 1972. However, the state government rejected her claim, arguing that it had not yet officially adopted the Central Government's Department of Personnel and Training (DoPT) notification dated June 18, 2024, which formally extends maternity provisions to commissioning mothers. State counsel asserted that in the absence of a formal state notification, the petitioner remained ineligible.

Dismissing the state's argument, the High Court emphasized that the legal issue had already been settled by a binding Division Bench decision in 2021. Justice Goel observed that motherhood is not restricted solely to the physical act of delivering a child. Instead, maternity inherently encompasses nurturing a newborn, fulfilling essential caregiving responsibilities, and fostering a deep emotional bond between mother and child during the early stages of life.

The Court pointed out the administrative contradiction in the state’s stance, noting that if adoptive mothers are legally granted 180 days of maternity leave, there is no rationale for denying the same benefit to commissioning mothers. Denying maternity leave to women using surrogacy violates the constitutional principles of equality and dignity guaranteed under the Constitution of India.

By striking down the government's refusal orders, the High Court established that administrative delays in adopting central rules cannot override fundamental constitutional protections or precedent-setting judicial declarations regarding female employees' rights.