GUWAHATI: The Supreme Court, led by Chief Justice of India D Y Chandrachud and J B Pardiwala, asserted on Monday that denying mother’s child care leave violates their constitutional entitlement to participate in the workforce.
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This statement came during the hearing of a plea by a woman, an assistant professor at Government College, Nalagarh, who was denied childcare leave by the Himachal Pradesh government to care for her child suffering from a genetic condition.
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Emphasising the constitutional protection of women's participation in the workforce under Article 15, the bench underscored that childcare leave is essential to ensure women's continued involvement in employment.
It noted that without such provisions, mothers might be compelled to leave their jobs, especially in cases involving children with special needs, as exemplified by the petitioner's situation.
Acknowledging the policy implications of the matter, the court stressed the need for state policies to align with constitutional safeguards.
It directed the Himachal Pradesh government to form a committee, comprising officials appointed under the Right to Persons With Disabilities (RPWD) Act, to examine the grant of childcare leave, particularly for mothers of children with special needs.
The committee's report is to be submitted promptly for policy decisions.
The petitioner's case stemmed from her son's medical condition, Osteogenesis Imperfecta, leading to numerous surgeries and exhausting her sanctioned leave. Despite her plea, the state's non-adoption of the childcare leave provision led to the denial of her application.
Rejecting her plea, the High Court cited the state's failure to adopt Rule 43 (C) of the Central Civil Services (Leave) Rules, 1972.
In response to the Supreme Court's notice, the commissioner under the RPWD Act confirmed the absence of specific policies regarding leave for parents of children covered by the statute.
The court urged the state to provide some form of child care leave, independent of central rules while allowing the woman to involve the Centre in the proceedings.
Furthermore, the court directed that pending further orders, the woman's application for special leave should be considered by the authorities.
The report of the state committee is expected before July 31, with additional assistance from the Centre in the matter.
