Motherhood And The Right To Education: Harmonising Statutory Entitlements And Institutional Practice
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| Format: | Recurso digital |
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2026
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| _version_ | 1866901248643432448 |
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| author | Chaitali, Wadhwa Shaharyar, Asaf Khan |
| author_facet | Chaitali, Wadhwa Shaharyar, Asaf Khan |
| contents | <p class="MsoNormal"><span>The current legal landscape in India regarding the conflict between a woman's right to education and motherhood presents a complex picture.<span> </span>While the absence of a definitive Supreme Court ruling creates uncertainty, the positive trend of High Courts favouring a harmonious interpretation of these rights offers hope.<span> </span>The paper centres Renuka v. University Grants Commission & Anr. (2023 SCC OnLine Del 3210), a judgement delivered by the Delhi High Court, addressing the conundrum between the two rights.<span> </span>While on the one hand, education is pivotal for the growth and development of an individual, on the other hand, it would be unfair to deny a woman her reproductive autonomy and freedom of choice for motherhood. In order to contextualise judicial developments within lived realities, the research incorporates empirical data from a survey of 28 student-mothers in Delhi who availed paid maternity leave during the academic course of their higher education. Analysis of the data provides insights on awareness of key legal provisions, duration of paid leave availed, and availability of creche facility. The findings underscore the urgent need for systematic legal awareness campaigns and strict implementation of statutory requirements within higher educational institutions, particularly for women navigating motherhood alongside academic aspirations. The paper argues that judicial recognition of these intersecting rights must be complemented by institutional compliance and student-centred policy implementation to give substantive effect to both constitutional and statutory protections.</span></p> |
| format | Recurso digital |
| id | zenodo_https___doi_org_10_5281_zenodo_19703964 |
| institution | Zenodo |
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| publishDate | 2026 |
| publisher | Zenodo |
| record_format | zenodo |
| spellingShingle | Motherhood And The Right To Education: Harmonising Statutory Entitlements And Institutional Practice Chaitali, Wadhwa Shaharyar, Asaf Khan maternity benefits, motherhood, right to education, right to life, equality <p class="MsoNormal"><span>The current legal landscape in India regarding the conflict between a woman's right to education and motherhood presents a complex picture.<span> </span>While the absence of a definitive Supreme Court ruling creates uncertainty, the positive trend of High Courts favouring a harmonious interpretation of these rights offers hope.<span> </span>The paper centres Renuka v. University Grants Commission & Anr. (2023 SCC OnLine Del 3210), a judgement delivered by the Delhi High Court, addressing the conundrum between the two rights.<span> </span>While on the one hand, education is pivotal for the growth and development of an individual, on the other hand, it would be unfair to deny a woman her reproductive autonomy and freedom of choice for motherhood. In order to contextualise judicial developments within lived realities, the research incorporates empirical data from a survey of 28 student-mothers in Delhi who availed paid maternity leave during the academic course of their higher education. Analysis of the data provides insights on awareness of key legal provisions, duration of paid leave availed, and availability of creche facility. The findings underscore the urgent need for systematic legal awareness campaigns and strict implementation of statutory requirements within higher educational institutions, particularly for women navigating motherhood alongside academic aspirations. The paper argues that judicial recognition of these intersecting rights must be complemented by institutional compliance and student-centred policy implementation to give substantive effect to both constitutional and statutory protections.</span></p> |
| title | Motherhood And The Right To Education: Harmonising Statutory Entitlements And Institutional Practice |
| topic | maternity benefits, motherhood, right to education, right to life, equality |
| url | https://doi.org/10.5281/zenodo.19703964 |