The Supreme Court on Monday ruled that denying child care leaves to a mother caring for a disabled child would violate the constitutional duty of the State to ensure equal participation of women in the workforce.
“The child care leave sub-serves an important constitutional objective where women are not denied an equal opportunity in the workforce,” a bench comprising Chief Justice D Y Chandrachud and Justice J B Pardiwala said, adding that the denial of such leaves may coerce a working mother to leave the job which is more crucial for a woman who has a child with special needs.
The bench directed the setting up of a committee headed by the chief secretary of Himachal Pradesh to make a policy decision on the issue of granting child-care leaves (CCLs) to working women who have children with disabilities.
It said the plea raised a “serious” issue and “participation of women in the workforce is not a matter of privilege but a constitutional requirement and the State as a model employer cannot be oblivious of this”.
The apex court further ordered that the Centre be made party to the case and sought the assistance of Additional Solicitor General Aishwarya Bhati in adjudicating it.
The top court also directed the state authorities to consider the plea for grant of CCL to the woman petitioner, an assistant professor in the Department of Geography in the state, whose son suffers from a genetic disorder and has undergone several surgeries since birth.
The woman exhausted the sanctioned leaves for the treatment of her son and the central civil service rules provided for CCLs.
The Supreme Court directed the state government to revise its policy on CCL to make it consistent with the Rights of Persons with Disabilities Act, 2016.
“Ultimately, the plea does entrench on areas of policy and areas of State policy must be synchronous with constitutional safeguards. We direct the State of Himachal Pradesh to reconsider CCL to mothers consistent with the RPWD Act for mothers who are bringing up mothers of children with special needs,” CJI DY Chandrachud said.
Earlier, the top court had issued a notice to the state government and the director of higher education on the plea on October 29, 2021. Later, it also sought the commissioner’s response under The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.
(With PTI inputs)
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