Trigyansh Jain, a mere 15-month-old, is battling for the rights to a third child in a crucial conflict with India’s population control laws. Benefits from his mother’s maternity leave at a Municipal Corporation of Delhi school are in jeopardy.

Can a working mother who has a third kid enjoy the same privileges she enjoyed with her previous two children?

He filed a petition with the Delhi High Court last year, at the age of just 35 days old, asking for the ‘right to maternal care’ after learning that his mother, Amita Jain, a teacher in a government-run primary school, had been denied maternity leave by her employers, the North Delhi Municipal Corporation, which is now a part of the MCD.

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The Case In Detail

Even during the arduous 45-day confinement period after delivery, Amita Jain continued to work from home. In accordance with the Central Civil Services (Leave) Rules, a mother is only entitled to maternity benefits while she is employed for the first and second child as part of an effort to promote smaller families in India.

Jains, however, contend that the regulations go against the newborn’s right to care and food. Jain also had her two older kids when she was not a government worker.

On January 17, 2022, Trigyansh was born. However, according to Amita, she began sending homework to her Class II pupils the very following day. She stated that because her request for a leave of absence was denied, she “had to use her earned leave for the days she actually worked.”

“The next date listed for final arguments is 11 May and we are looking forward to getting relief from the Hon’ble court,” says Trigyansh’s lawyer.

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Image Credits: Google Images

Feature image designed by Saudamini Seth

Sources: The Print, LiveLaw, BareLaw

Find the blogger: @DamaniPragya

This post is tagged under: Delhi HC, baby at Delhi HC, one year old fighting for rights, maternity leave

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