Amicus tells to Delhi High Court that Infant's Claim On Mother's Time As A Fundamental Right Can Encroach Upon Her Right To Privacy & Agency

26-05-2022
In connection to a 4 months old toddler's plea requesting enforcement of his right to maternal care, the Amicus Curiae in the case has mentioned that the Delhi High Court that the infant's 'unselfconscious claim' on her/his mother's time as a FR can encroach upon the her right to agency and privacy.

This case got out after Senior lawyer Shahrukh Alam, amicus curiae in the case, progressed his submissions in a case moved by the toddler whose mother was rejected maternity leave by the NDMC.

The Petitioner had demanded his right to care by his parents including 14 and 21  Articles Of the Indian Constitution. 

The NDMC on the other hand of its ruling on 43(1) Rule of Central Civil Services (Leave) Rules, 1972 which gives a female public servant with less than two surviving children can be granted maternity leave for a period of six months, by the proper authority. 

Accordingly, the Delhi HC granted fourteen days to each for filing of Counter affidavits and rejoinder in this case.

This case will now come in front of the court  on 14th July July By a division bench composed of Justice Najmi Waziri and Justice Swarna Kanta Sharma.