Supreme Law News

Denying moms of disabled children Child Care Leave violates constitutional rights?

The Court noted that it would be against the Constitution's obligation to guarantee equal protection for women in the workforce to deny mothers time off for child care.

The Supreme Court noted in a historic decision that emphasized the significance of Child Care Leaves for mothers of children with disabilities.

It said that it is a matter of constitutional obligation.

A bench made up of Justice JB Pardiwala and Chief Justice of India (CJ) DY Chandrachud found that it would be unconstitutional to refuse mothers of disabled children child care leaves (CCL) in order to uphold the Constitution's guarantee of equal women's participation in the workforce.

"Women's equal access to the labor is a key constitutional goal that is furthered by Child Care Leave.

A mother who has a child with special needs may be forced to leave the workforce as a result of this (a refusal of CCL), the Court stated.

The Court's decision was made in a case involving an assistant professor who worked for a college in Nalagarh, Himachal Pradesh, and who had used up all of her authorized leave and was therefore unable to take care of her kid, who had specific genetic problems from birth.

"We believe that there is cause for grave worry over the petition. The Rights of Persons with Disabilities Act has been brought up by the petitioner.

According to the commissioner's affidavit, no CCL policy has been developed. The Court held that the State, as a role model employer, can not ignore the constitutional need that women participate in the workforce. This is not an issue of privilege.

The State government of Himachal Pradesh was then ordered by the Court to amend its CCL policy in order to bring it into compliance with the 2016 Rights of Persons with Disabilities Act.

"In the end, the argument does focus on some policy areas, and certain State policies need to align with constitutional protections.

The State of Himachal Pradesh is directed by us to reevaluate CCL for mothers who are raising children with special needs in accordance with the RPWD Act," the court ruled.

The Court mandated the formation of a committee to implement these changes. The State's Chief Secretary will form the committee, which will also consist of the State Commissioner appointed under the Rights of Persons with Disability Act, as well as the Secretaries of the Departments of Social Welfare and Women and Child Development.

By July 31, 2024, this committee is to meet with the Secretary of the Social Welfare Department of the Central government and provide a report.

In this regard, the Court has also requested a response from the Central government.

"Union is to be notified of these procedures. Allow them to be entreated. The Court ruled, "Let ASG Aishwarya Bhati support the Court."

The central government had agreed to provide CCL to parents of children with disabilities up to the age of 22 in 2010, the Court recalled (the age-based restriction was done away with later).

These child-care leaves were governed under Central Civil Service (Leave) Rules, 1972, Rule 43C.

The petitioner, an assistant professor, had previously filed a relief suit in the Himachal Pradesh High Court after being refused additional leave after using up all of her authorized time off.

After the High Court refused to allow her plea, she filed the present appeal before the Supreme Court.

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Advocate & Consultant Supreme Court of India, High Courts & Tribunals.