SC states Denial of Child-Care Leaves as Violation of Constitutional Duty

By: WE Staff | Tuesday, 23 April 2024

In a recent statement by Supreme Court on April 22, 2024, it has been said that not granting child care leaves to mothers violates the constitutional duty in order to make sure equivalent participation of women in the workforce.

A plea has been perceived by DY Chandrachud, a bench of Chief Justice of India and Justice JB Pardiwala by Department of Geography’s Assistant Professor in Himachal Pradesh’s Nalagarh remarking that she had ran out of all her leaves due to her son’s genetic disorder and has sustained multiples surgeries.

The bench has passed an order saying, “We are of the view that the petition raises a serious matter of concern. The petitioner has raised the Rights of Persons with Disabilities Act. The commissioner has indicated on affidavit that no policy on Child Care Leave (CCL) has been formulated. Participation of women in the workforce is not a matter of privilege but a constitutional requirement, and the state, as a model employer, cannot be oblivious of this. CCL subserves an important constitutional objective where women are not denied an equal opportunity in the workforce.”

Additionally, the order stated, “This may compel a mother to leave the workforce, and it applies even more to a mother who has a child with special needs. Ultimately, the plea does entrench in areas of policy, and areas of state policy must be synchronous with constitutional safeguards. We direct a committee to be constituted by the state chief secretary, consisting of the State Commissioner under the RPWD Act, secretary of women and child development, secretary of the social welfare department, and one secretary of the department of social welfare of the central government. The committee shall engage with ASG Aishwarya Bhati to assist the court.”