Hema Vijay Menon v. State of Maharashtra

In Hema Vijay Menon v. State of Maharashtra, Hema Vijay Menon, a government lecturer, lost her only son and later chose to become a mother again through surrogacy after unsuccessful IVF attempts. When she applied for maternity leave under the Maharashtra Civil Services (Leave) Rules, 1981, the government denied the request, stating that the rules did not provide for maternity leave in cases of surrogacy. The Bombay High Court ruled in her favor, holding that a commissioning mother is entitled to maternity leave even when the child is born through surrogacy. The Court emphasized that the right to motherhood and the right to care for a newborn are integral to the right to life and dignity under Article 21 of the Constitution of India. Interpreting the leave rules purposively and in line with constitutional values, the Court found that denying such leave would constitute discrimination and violate the fundamental rights of both mother and child. The decision is significant for affirming constitutional protection of the right to motherhood in the context of surrogacy.

Topics

• Employment discrimination
• Gender discrimination

Geographical location

• Asia
• India

Keywords

• ivf
• surrgoacy
• right to motherhood

Year

• 2015

External URL

• Hema Vijay Menon v. State of Maharashtra

Court

• Bombay High Court

Type

• Domestic Case Law