Legal Right: Delhi HC Relaxes Strict Attendance Rules for Pregnant Students

As per the Constitution of India, every citizen has the right to education and procreation, though not necessarily both at one go. In an interesting twist of events, almost like something out of a film, on July 13, 2010, the Delhi High Court ruled that a pregnant woman student cannot be barred from taking examinations in any semester, due to attendance shortage. The court directed the Delhi University and Bar Council of India, to relax the strict attendance rules, for students who are unable to attend classes, due to pregnancy.

Legal Right: Do not Penalize a Woman for Becoming Mother, says Delhi HC

By asserting their legal rights boldly, the petitioners in this case, who were two pregnant law faculty students, won their case in court. Their problem was that their results were withheld by the Delhi University, on the ground that they had poor attendance. The students claimed that the University has declined their plea that the shortfall in attendance was due to their advanced stage of pregnancy.
Justice Kailash Gambhir ordered the University to declare the results of the two students and promote them, as per the rules of the University. Also, it recommended Bar Council of India to frame rules for pregnant students, so that they are entitled to claim relaxation in attendance.
Further, the court said that law should be a medium of social change. Motherhood is not a medical condition, but a promise and to penalize a woman for becoming a mother is against the conscience of Constitution of India. The court said single, pregnant women should be treated sympathetically.
This observation brings to mind a quote on motherhood by Elizabeth Cady Stanton, which reads like this, "Though motherhood is the most important of all the professions, requiring more knowledge than any other department in human affairs, there was no attention given to preparation for this office."

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