Orissa High Court, in Supriya Jena vs. State of Odisha &Ors. (W.P.(C) No. 30616 of 2020), granted 180 days of maternity leave to a female employee, despite her service code lacking provisions for surrogacy-related maternity leave. The Court emphasized that the right to life under Article 21 of the Constitution includes the right to motherhood and the child’s full development. It asserted that maternity leave should be provided to all new mothers, including those who become parents through surrogacy, to ensure equal treatment. The Court also highlighted that the Maternity Benefit Act, 1961, should be interpreted inclusively to support all forms of motherhood.
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