The Court observed that denying child care leaves to mothers would violate the Constitutional duty to ensure equal protection of women in the workforce.
Monday saw the Supreme Court reaffirming the Constitutional imperative of women’s equitable engagement in the workforce, highlighting the crucial role of Child Care Leaves for mothers of disabled children in a landmark ruling. Presiding over the Bench, Chief Justice of India (CJ) DY Chandrachud and Justice JB Pardiwala concluded that withholding Child Care Leave (CCL) from mothers of disabled children would violate the Constitutional obligation to uphold gender equality in employment.
“Child Care Leave subserves an important Constitutional objective where women are not denied an equal opportunity in the workforce. This (a denial of CCL) may compel a mother to leave the workforce and it applies to a mother more who has a child with special needs,” the Court said.
The Court delivered its verdict in a case concerning an assistant professor working at a college in Nalagarh, Himachal Pradesh. The professor had been refused leave to tend to her son, who had been contending with genetic disorders from birth, citing exhaustion of her allocated leaves as the reason.
“We are of the view that the petition raises a serious matter of concern. The petitioner has raised the Rights of Persons with Disabilities Act. The commissioner has indicated on affidavit that no policy of CCL has been formulated. 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 Court ruled.
Subsequently, the Court instructed the Himachal Pradesh State government to revise its Child Care Leave (CCL) policy to conform with the provisions of 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,” the Court ordered.
The Court ordered the establishment of a committee to supervise these modifications. This committee, to be constituted by the Chief Secretary of the State, will include the State Commissioner under the Rights of Persons with Disability Act, as well as the Secretaries of the Departments of Women and Child Development and Social Welfare.
Assigned with coordinating with the Secretary of the Central government’s Social Welfare Department, this committee must deliver a report by July 31, 2024. Furthermore, the Court has sought a response from the Central government regarding this matter.
“Notice of these proceedings be issued to Union. Let them be impleaded. Let ASG Aishwarya Bhati assist the Court,” the Court ordered.
The Court noted that in 2010, the Central government had made a decision to grant Child Care Leave (CCL) to parents of children with disabilities, initially setting the age limit at 22 years before subsequently removing it. Rule 43C of the Central Civil Service (Leave) Rules, 1972, governed the provision of such child-care leaves. The petitioner, an assistant professor, had previously approached the Himachal Pradesh High Court seeking relief after being denied further leave once she had exhausted her allotted leaves. Following the dismissal of her plea by the High Court, she appealed to the Supreme Court. Advocate Pragati Neekhra presented the appeal before the Supreme Court.
