SC directs Himachal to reconsider childcare leave for mothers of differently-abled kids.
The Supreme Court has made strong remarks about equal workplace participation of women as a constitutional mandate. It observed that denial of childcare leave (CCL), especially to mothers of specially abled children, violates this duty.
Hearing a petition by an assistant professor denied leave to care for her son suffering from a genetic disorder. The apex court said CCL enables women continuity in employment. It applies more to mothers with special needs kids who may otherwise be forced to leave their jobs.
The CJI DY Chandrachud and Justice Bardiwala bench noted that the petitioner had exhausted all sanctioned leaves for her son’s treatment. It ruled that the state, as a model employer, cannot ignore women’s rights guaranteed under the Constitution.
While the matter concerns the policy domain, the court clarified that state policies must respect constitutional safeguards. It directed Himachal Pradesh to reconsider its CCL provision to ensure consistency with the Rights of Persons with Disabilities Act, 2016.
The state government has been asked to revise the policy by July 31 under the oversight of a committee headed by the chief secretary and including the secretaries of women’s and social welfare departments.
This notable Judgement aims to facilitate special needs caregivers’ participation in the workforce without discrimination.
