Authored By: GUNN BHARDWAJ
Indian Institute of Management, Rohtak
Introduction
The problem of motherhood becomes one of the major challenges that women encounter in the context of being engaged in education. It should be recognized that in terms of the Indian legislation, laws recognize maternity as connected with dignity, equality, and justice, but it is only when it comes to employment. What must be recognized is that the problem of maternity creates a lot of trouble for women who are studying and conducting research as they get pregnant[1].
It poses questions as to whether it is necessary to ensure that the problem of maternity protection be included into the context of students receiving higher education. The present paper aims to discuss the current situation that does not provide sufficient protection for students and scholars who pursue higher education. It will demonstrate why it is so despite the rights of those students being guaranteed by the constitution.
Constitutional Foundation of Maternity Rights
It would be wrong to say that constitutional foundation of maternity rights protection in India is based only upon labor laws. Article 14[2] guarantees equality before the law, whereas Article 15(3)[3] clearly states that nothing in this article will prevent the state from making any special provisions for women and children. Article 21[4] ensures right to life and personal liberty, which has been extended to include right to dignity, good health, and reproductive choices through judicial interpretation[5].
Maternity has been considered to be a social function for which appropriate measures should be taken by the state. The same is evident from Article 42[6] of the Indian constitution, according to which the state shall make provisions for securing just and humane working conditions and providing maternity relief. Although Article 42 constitutes a Directive Principle of State Policy and is thus non-justiciable in nature, it has had a lot of influence on legislation and jurisprudence regarding maternity rights.
From the very beginning, the Supreme Court of India stressed that maternity benefits could not be seen as a form of charity but rather became necessary as far as respecting the women and achieving equality among them were concerned. For instance, during the analysis of the Municipal Corporation of Delhi v. Female Workers (Muster Roll)[7], it has been noted that maternity benefits could be given to casual workers as well since they constitute a necessary element of social justice. In addition, it is possible to observe how the judiciary increasingly resorts to making decisions based on substantive equality rather than formal equality regarding maternity rights. However, employment discrimination exists. The Maternity Benefit Act, 1961[8], became an essential document related to the question under discussion. Nevertheless, one should remember that this particular Act is relevant only to some occupations of women.
Regulatory Issues in Higher Educational Institutions
First, the absence of participation of the student community in the issue of maternity regulation constitutes one of the key problems that arise in the area of higher education institutions[9]. In most cases, the research work involves prompt completion with regard to attendance, classes, and tests. Besides, in some cases, issues regarding pregnancy constitute obstacles in fulfilling these requirements.
Contrary to the scenario in which the employee is entitled to enjoy the benefit of maternity leave under the Maternity Benefit Act[10], the position of the student depends completely on the policy adopted by the particular educational institution. Moreover, there is inconsistency across various educational institutions in this regard.
This problem is of particular relevance to doctoral students. Research frequently includes fieldwork, laboratory experiments, teaching obligations, and publications. Interferences brought on by pregnancy may interfere with academic performance and lead to ineligibility for scholarships or funding or even jeopardize one’s ability to continue in their program. On some occasions, there have been cases where women have felt compelled to make decisions about academics or motherhood[11].
The University Grants Commission[12] has implemented certain measures aimed at solving this problem. According to the regulations on doctoral programs by the UGC, allowances for maternity leave and extension of the program period have been made under certain conditions. However, these rules only go so far as they are not always enforced. Additionally, there are numerous graduate and professional programs which still do not have a maternity allowance policy in place. Maternity rights will become institutional rights and not constitutional in the absence of a national standard, which is contrary to constitutional concepts of equality and non-discrimination.
Reasons for the Rights-Based Approach for Higher Education[13]
There are several factors which can make a case for the rights-based approach to maternity in higher education. First of all, education should be considered a crucial aspect of both one’s development and social/economic mobility. Being forced to leave education due to the lack of maternal conditions cannot be considered only academically but also leads to other forms of discrimination based on gender in the sphere of work and education. Moreover, formal equality alone cannot deal with the problem. Giving equal treatment to everyone regardless of the situation and social differences may only result in discrimination, not its elimination.
Finally, there is a number of additional reasons why protecting pregnant students should be discussed based on the international human rights treaties. For instance, The Convention on the Elimination of All Forms of Discrimination Against Women[14], together with some other documents, emphasizes the duty of states to avoid discrimination in education and ensure equal access to educational services. If one guarantees that pregnancy does not become an obstacle on the way towards successful education, he or she satisfies the international human rights criteria.
Furthermore, there is a growing tendency among modern educational institutions to consider disabled and mentally ill students, as well as others who may have some personal problems, and integrate them into mainstream education. This issue should also be viewed in such terms as pregnancy is not a disadvantage but rather a socially useful feature. Inadequate provision of facilities would also be in contravention of constitutional principles of human dignity[15] guaranteed under Article 21[16] of the Constitution. It is unfair that women have to make a decision whether to exercise their right of reproduction or achieve their educational goals.
Towards an Integrated Framework for Maternity Rights in Higher Education
There is an urgent need for reforming the existing framework of regulations. An integrated approach to addressing the issue should start with recognizing maternity rights as legal rights, not optional perks. First of all, the UGC must introduce integrated and mandatory rules that apply to all higher education institutes. These rules must provide for a certain number of maternity leave days, extensions of study programs, and submission dates[17].
Secondly, scholarship recipients who become pregnant should have a right to continue receiving funding during the period of pregnancy and maternity leave. This often causes major difficulties and may discourage female students from further academic work.
Thirdly, there should be a way that institutions can facilitate remote participation and supervision along with flexible academic engagements where possible. With technological advancement, it is increasingly becoming feasible[18].
Lastly, grievances redressal systems need to focus on pregnancy discrimination at educational institutions. It is essential that students have avenues through which they can pursue their complaints regarding unjustified refusal for accommodation and finally, it might become necessary for the government to step in and bring about legislation to ensure adequate maternity rights at educational institutions.
Conclusion
There have been significant changes in respect of maternity rights in the field of employment in India, but unfortunately, the area of higher education has largely been ignored. In spite of the fundamental rights guaranteed by the Indian Constitution, namely equality, dignity, and reproductive autonomy, pregnant students and research scholars remain subject to obstacles posed by institutions that can hinder their education or terminate it.
The purpose of this paper was to argue for the need to guarantee full maternity rights for women pursuing higher education using a rights-based model as per Articles 14, 15(3), and 21 of the Constitution of India[19]. The idea behind such an assertion is that in order to ensure substantive equality, certain changes and measures are needed.
The future of gender equality in the education field will be determined not only by whether women have equal access to educational institutions, but by whether they can stay there successfully. If a higher education system is to be truly inclusive, it must guarantee that being a mother does not become a barrier to success, but rather a condition that requires legal safeguards[20].
Reference(S):
[1] CEDAW, supra note 10, art. 10.
[2] INDIA CONST. art. 14.
[3] INDIA CONST. art. 15, cl. 3.
[4] INDIA CONST. art. 21
[5] Suchita Srivastava v. Chandigarh Administration, (2009) 9 SCC 1.
[6] INDIA CONST. art. 42.
[7] Municipal Corporation of Delhi v. Female Workers (Muster Roll), (2000) 3 SCC 224.
[8] Maternity Benefit Act, No. 53 of 1961, §§ 3–5 (India).
[9] Air India v. Nergesh Meerza, (1981) 4 SCC 335.
[10] Maternity Benefit Act, No. 53 of 1961, §§ 3–5 (India).
[11] University Grants Commission, Guidelines for Award of Junior Research Fellowship and Senior Research Fellowship, as amended.
[12] University Grants Commission (Minimum Standards and Procedures for Award of Ph.D. Degree) Regulations, 2022, reg. 12 (India).
[13] Anuj Garg v. Hotel Ass’n of India, (2008) 3 SCC 1.
[14] Convention on the Elimination of All Forms of Discrimination Against Women arts. 10, 11, Dec. 18, 1979, 1249 U.N.T.S. 13.
[15] Committee on the Elimination of Discrimination Against Women, General Recommendation No. 36 on the Right of Girls and Women to Education, U.N. Doc. CEDAW/C/GC/36 (2017).
[16] Justice K.S. Puttaswamy (Retd.) v. Union of India, (2017) 10 SCC 1.
[17]Ministry of Women and Child Development, Government of India, Maternity Benefit (Amendment) Act, 2017: Key Features and Implementation Framework.
[18] Municipal Corporation of Delhi, (2000) 3 SCC 224.
[19] Gaurav Jain v. Union of India, (1997) 8 SCC 114 (recognizing the importance of access to education and social inclusion).
[20] Suchita Srivastava, (2009) 9 SCC 1.
