SC says it is against the state’s constitutional responsibility to deny a mother of a handicapped kid child’s child care leaves

NEW DELHI: The Supreme Court noted that the matter was “serious” and ruled on Monday that it would be against the state’s constitutional obligation to provide equal representation of women in the workforce to refuse child-care leaves to a woman caring for a disabled kid. Chief Justice D.Y. Chandrachud and Justice J.B. Pardiwala’s bench also ordered the formation of a committee led by the Himachal Pradesh chief secretary to make policy decisions about the provision of child-care leaves (CCLs) to working mothers who have children with disabilities.

It said that the complaint highlighted a “serious” problem since “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 to this.”.
The Supreme Court also directed that the Center be included as a party to the matter and requested that Additional Solicitor General Aishwarya Bhati help in resolving it.
In the meantime, it instructed the state’s authorities to take into account the petitioner’s, a woman who works as an assistant professor in the department of geography, request for the issuance of CCL.

Her child has had many procedures since birth due to a genetic condition. Because of her son’s treatment and the provisions made for CCLs in the central civil service guidelines, she used up all of her authorized leaves.
The bench stated that “the child care leave subserves an important constitutional objective where women are not denied an equal opportunity in the workforce” and that denying such leaves could force a working mother to quit her job. It is especially important for a woman who has a child with special needs.
It mandated that the state government update its CCL policy in order to conform to the 2016 Rights of Persons with Disabilities Act.
It said that in addition to the chief secretary, the committee will also include secretaries from the state’s departments of social welfare and women and child development. A decision on the CCL problem must be made by July 31.
“In the end, the argument does focus on some policy areas, and certain state policies need to align with constitutional protections. According to the RPWD Act, we order the State of Himachal Pradesh to reevaluate CCL for women raising children with special needs,” the CJI said.
Prior to this, on October 29, 2021, the state administration and the director of higher education received a notification of the plea from the highest court.
Subsequently, the Persons with Disabilities (Equal Opportunities, Protection of Rights, and Full Participation) Act, 1995, was invoked to get the commissioner’s answer.