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New Delhi : In a significant ruling, the Supreme Court has declared that denying child-care leave to mothers caring for children with disabilities is a grave issue. The court emphasized that such denial violates the constitutional obligation of the State to ensure equal participation of women in the workforce. The bench, headed by Chief Justice D Y Chandrachud and Justice J B Pardiwala, also ordered the inclusion of the Centre in the case and enlisted the assistance of Additional Solicitor General Aishwarya Bhati for adjudication.
The Supreme Court stressed that women’s participation in the workforce is not a matter of privilege but a constitutional imperative, and the State, as a model employer, must uphold this principle. It directed the establishment of a committee led by the chief secretary of Himachal Pradesh to address the issue of granting child- care leave (CCL) to working women with children having disabilities.
Highlighting the crucial role of child care leave in promoting gender equality, the bench underscored that denying such leave may force a working mother to quit her job, especially when dealing with a child with special needs. The court instructed the state government to align its CCL policy with the Rights of Persons with Disabilities Act, 2016, and mandated the committee to make a decision on this matter by July 31.
Recognizing the importance of policy alignment with constitutional safeguards, Chief Justice Chandrachud emphasized the need for the Himachal Pradesh government to reconsider its CCL policy for mothers in light of the RPWD Act. The court’s directive aims to ensure that mothers of children with special needs receive adequate support and opportunities in the workforce.
This ruling by the Supreme Court signifies a significant step towards creating inclusive policies that support the rights and needs of mothers caring for children with disabilities. By affirming the importance of child-care leave and advocating for equal opportunities, the court sets a precedent for upholding the dignity and rights of all individuals, including those with special needs.
