Supreme Court to Hear IPS Mother's Challenge to Mandatory One-Year Postpartum Break

The Supreme Court of India is set to hear on July 10 an appeal by a woman Indian Police Service (IPS) probationer, Urvashi Sengar, who has challenged a 36-year-old Home Ministry policy requiring new mothers to take a one-year break from training after childbirth.

On July 8, a Bench headed by Justice Manoj Misra sought the government's response to Sengar's petition. The court's order, released on July 9, noted Sengar's query: whether the policy aims to protect new parents or to disentitle them.

Sengar, who gave birth on September 29, 2023, had volunteered to attend Phase-II of her training scheduled to start on June 22, 2024. However, the department denied permission, citing an Office Memorandum (OM) dated August 23, 1993, which mandates a one-year hiatus in training after delivery.

Sengar had earlier challenged the OM before the Central Administrative Tribunal (CAT). In an interim order, CAT permitted her to join the training subject to conditions. But the Delhi High Court intervened on June 22, the very day training was to begin, blocking her participation.

Issuing notice on her appeal, the Supreme Court recorded Sengar's challenge: "Can a woman IPS probationer be stopped from undertaking training even if she is fit to do so?" The court's order began by questioning whether the OM is intended to protect lady IPS probationers or to disentitle them from training despite fitness.

The Bench also noted that two similarly placed probationers had received exemptions from the OM's requirements. The court asked Additional Solicitor General Anil Kaushik to seek instructions and report by July 10 on whether Sengar could join training.

The case raises constitutional questions about gender equality and the right to work, as the policy appears to assume that all new mothers require a full year off, regardless of their individual fitness and willingness to train.