Deepika Singh v. Central Administrative Tribunal
Indian Case Law
Deepika Singh v. Central Administrative Tribunal & Ors. (2022) is a landmark decision of the Supreme Court of India that widens the definition of 'family' under Indian law.
Background
Deepika Singh, who worked as a nurse at a government medical institute, Postgraduate Institute of Medical Education and Research (PGIMER) in Chandigarh, was denied her application for maternity leave after she gave birth. The employer stated they denied her maternity leave because she had previously taken maternity leave to care for her husband's children from a previous marriage. The two children belonged to her husband's first marriage.
Her request for an allowance under the 2013 Central Civil Service Rules' provisions for maternity leave was denied by the Central Administrative Tribunal and the Punjab and Haryana High Court.
Judgment
The Supreme Court held that a woman's statutory right to take maternity leave cannot be restricted because she previously used child care leave for her non-biological children.
While ruling in favor of the petitioner, Justice Chandrachud and Justice Bopanna noted that the predominant understanding of the concept of a "family" both in the law and in society ignores both, the many circumstances which may lead to a change in one‟s familial structure, and the fact that many families do not conform to this expectation to begin with. Familial relationships may take the form of domestic, unmarried partnerships or queer relationships.
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