Denying Child Care Leave To Mothers Can Force Women To Leave Workforce: Supreme Court Issues Strong Remark

Child Care Leave subserves an important Constitutional objective where women are not denied an equal opportunity in the workforce, the apex court observed. It also said that denying these leaves can force women, especially those with special needs children, to leave the workforce.

The Supreme Court on Monday made a strong remark wherein it highlighted the fact that the equal participation of women in the workforce is a matter of Constitutional duty and denying a woman - especially mothers with differently abled children - childcare leave (CCL) violates this Constitutional duty. 

"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, reported Bar and Bench.

A bench comprising Chief Justice of India DY Chandrachud and Justice JB Pardiwala made the remarks based on the petition of Shalini Dharmani, an assistant professor in a Himachal Pradesh government college, who complained that she was denied leave to take care of her disabled son. The assistant professor has exhausted the sanctioned leaves due to the treatment of her son and the central civil service rules provided for CCLs. Her son suffers from a genetic disorder and has undergone several surgeries since birth. 

According to the report in Bar and Bench, the court ruled: "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."

"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 CJI said, as per a PTI report. 

The bench directed the state government to revise its policy on CCL to make it consistent with the Rights of Persons with Disabilities Act, 2016. It said that besides the chief secretary, the committee will have secretaries of women and child development and the social welfare department of the state and it will have to decide on the issue of CCL by July 31.

(With Agency inputs)