The Supreme Court on Monday said that denying childcare leave to mothers of children with disabilities would constitute a violation of the government’s constitutional duty to ensure equal participation of women in the workforce. Chief Justice D.Y. Chandrachud and Justice J.B. Pardiwala directed the formation of a committee under the chairmanship of the Chief Secretary of Himachal Pradesh to make policy decisions regarding the provision of Child Care Leave (CCL) to working mothers of children with disabilities.
It said that the petition raised a ‘serious’ issue, not just about the participation of women in the workforce but a constitutional necessity, and the government cannot claim ignorance as an ideal employer. The apex court also ordered the Centre to be made a party to the case. It sought additional assistance from Solicitor General Aishwarya Bhati in reaching a decision. Meanwhile, it directed the Himachal Pradesh officials to consider the petition regarding CCL. The petitioner is an assistant professor in the geography department of the state. Her son suffers from a genetic disorder and has undergone several surgeries since birth.
The bench stated that childcare leave fulfills an essential constitutional objective, ensuring that women are not deprived of equal opportunities in the workforce. It noted that denying such leave could force working mothers to quit their jobs, which is even more critical for mothers of children with special needs. The court instructed the state government to amend its policy on CCL to align it with the Rights of Persons with Disabilities Act, 2016. It also stated that besides the Chief Secretary, the committee would include the Secretaries of the Women and Child Development and Social Welfare departments of the state, and a decision on CCL must be made by July 31.
