In a significant verdict, the Supreme Court declared the denial of Child Care Leave (CCL) to mothers of children with disabilities as a violation of Constitutional duty, emphasizing the imperative of ensuring equal participation of women in the workforce.
The Supreme Court, comprising Chief Justice of India DY Chandrachud and Justice JB Pardiwala, underscored the Constitutional obligation to promote gender equality in the workforce while addressing the crucial issue of Child Care Leaves for mothers of children with disabilities.
In a case originating from Nalagarh, Himachal Pradesh, an assistant professor was denied leave to care for her son, who has been grappling with genetic disorders since birth, citing exhaustion of sanctioned leaves. The Court, recognizing the gravity of the matter, stressed the significance of upholding the Rights of Persons with Disabilities Act.
Asserting that the participation of women in the workforce is not a privilege but a Constitutional mandate, the Court admonished the State for its failure to formulate a comprehensive CCL policy consistent with the provisions of the RPWD Act, 2016.
In its ruling, the Court directed the Himachal Pradesh government to revise its CCL policy to accommodate the needs of mothers raising children with special needs. Furthermore, a committee, chaired by the State’s Chief Secretary and comprising relevant officials, was tasked with formulating necessary reforms and engaging with the Central government to align policies with Constitutional safeguards.
The Court mandated the committee to submit a detailed report by July 31, 2024, and sought the Central government’s response on the matter. Notably, the Court highlighted the Central government’s decision in 2010 to grant CCL to parents of differently abled children, emphasizing the need for uniformity in leave provisions.
The litigant, represented by advocate Pragati Neekhra, had previously petitioned the Himachal Pradesh High Court for relief, which was denied, prompting the appeal to the Supreme Court. Advocates Mohan Lal Sharma, Varinder Sharma, and Shikha Sharma appeared on behalf of the respondent authorities.
Conclusion: The Supreme Court’s ruling underscores the imperative of safeguarding the rights of mothers of children with disabilities and ensuring their equal participation in the workforce. By deeming the denial of CCL unconstitutional and ordering policy reforms, the Court sets a precedent for upholding Constitutional duties and promoting gender equality in employment practices.
