The Supreme Court emphasized the constitutional duty of ensuring equal participation of women in the workforce, particularly highlighting the significance of child-care leaves for mothers of children with disabilities.
In a bench led by Chief Justice of India Dr. D.Y. Chandrachud and Justice J.B. Pardiwala, it was underscored that denying child-care leaves (CCL) to these mothers would contravene the constitutional mandate for gender equality in employment, as reported by Bar and Bench.
Addressing the matter as “serious,” the bench, presiding over a plea, remarked, “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 Supreme Court directed the inclusion of the Centre in the case proceedings and sought the assistance of additional solicitor general Aishwarya Bhati for adjudication, according to news agency PTI.
Additionally, the court instructed state authorities to consider the plea for granting CCL to the petitioner, an assistant professor in the geography department at a college in Himachal Pradesh.
The ruling stemmed from a case involving an assistant professor from Nalagarh, Himachal Pradesh, who was denied leave to care for her son, affected by genetic disorders from birth, due to exhaustion of sanctioned leaves, as per the Bar and Bench report.
“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,” ruled the Supreme Court bench.
Given the professor’s exhaustion of sanctioned leaves due to her son’s treatment and the availability of CCLs under central civil service rules, the court directed the state government to revise its CCL policy in alignment with the Rights of Persons with Disabilities Act, 2016.
The court mandated the formation of a committee, comprising the chief secretary and secretaries of women and child development and social welfare departments, to decide on the issue of CCL by July 31.
“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,” stated the CJI.
Earlier, the apex court had issued notices to the Himachal Pradesh government and the director of higher education on the plea on October 29, 2021. Subsequently, it also sought responses from the commissioner under The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.
