In a landmark ruling on Monday, the Supreme Court declared that denying child care leave (CCL) to mothers caring for disabled children would breach the constitutional duty of the State to ensure equal participation of women in the workforce. The bench, comprising Chief Justice D Y Chandrachud and Justice J B Pardiwala, emphasized the importance of CCL in enabling women to maintain employment, particularly when caring for children with special needs.
The court directed the formation of a committee led by the chief secretary of Himachal Pradesh to formulate a policy on granting CCL to working women with disabled children. Recognizing the gravity of the issue, the bench asserted that women’s workforce participation is not a privilege but a constitutional imperative. It cautioned against the potential coercion faced by working mothers to leave their jobs due to inadequate support for child care responsibilities, especially for children with disabilities.
The Supreme Court also instructed the inclusion of the Central Government in the case and sought the assistance of Additional Solicitor General Aishwarya Bhati. Additionally, it ordered state authorities to reconsider the petitioner’s request for CCL. The petitioner, an assistant professor in the Department of Geography in Himachal Pradesh, exhausted her sanctioned leaves for her son’s medical treatment, who suffers from a genetic disorder requiring multiple surgeries since birth.
Highlighting the need for policy alignment with disability rights legislation, the court directed the state government to revise its CCL policy in accordance with the Rights of Persons with Disabilities Act, 2016. Chief Justice Chandrachud emphasized that state policies must be in sync with constitutional safeguards, particularly concerning vulnerable groups like mothers of children with special needs.
The case, initially filed on October 29, 2021, prompted the Supreme Court to issue notices to the state government and the director of higher education. Subsequently, it sought responses from the commissioner under The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.
