While pregnant women are entitled to 26 weeks of paid leave in the Indian constitution, those embracing motherhood via adoption or surrogacy are granted only 12 weeks of maternity leave.

This law was contested recently by a finance service officer who called for equality in the treatment of all mothers.

Highlighting the importance of initial caregiving in early child development, the plaintiff moved that denying her maternity leave due to surrogacy was unfair.

The Orissa High Court moved that the plaintiff was entitled to 180 days of maternity leave, elaborating that maternity leave is essential for optimal infant development and that every child has the right to full development under Article 21.

This ruling promoting women's rights, health, and well-being is vital in countries like India, which has a wide gender gap in the workforce.