Supreme Court Advocates for Child-care Leave for Mothers of Children with Disabilities

In a landmark ruling, the Supreme Court emphasized that women’s participation in the workforce is a Constitutional duty, not a privilege. The bench, led by Chief Justice of India DY Chandrachud and Justice JB Pardiwala, highlighted the significance of child-care leave (CCL) for mothers of children with disabilities. The court declared that denying CCL to such mothers would counteract the Constitutional mandate to ensure equal participation of women in the workforce.

During a recent hearing, the Supreme Court directed that the Centre be included as a party in the case and called upon additional solicitor general Aishwarya Bhati to aid in its adjudication. The issue came to light following a plea by an assistant professor in Himachal Pradesh, who was denied leave to care for her son with genetic disorders after exhausting all her sanctioned leaves.

The apex court has instructed the Himachal Pradesh state government to revise its CCL policy to align with the Rights of Persons with Disabilities Act, 2016. The revision should be undertaken by a committee, including the chief secretary and secretaries of the women and child development and social welfare departments, with a deadline set for July 31 to resolve the matter. This decision underscores the court’s commitment to integrating constitutional safeguards with state policies, particularly concerning the rights of disabled persons and gender equality in employment.

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