Supreme Court Rules Denying Child Care Leave to Mothers Violates Constitutional Duty

In a significant ruling, the Supreme Court declared that the denial of child care leave (CCL) to mothers constitutes a violation of their constitutional right to equal participation in the workforce. The bench, comprising Chief Justice DY Chandrachud and Justice JB Pardiwala, addressed the plea filed by an Assistant Professor in the Department of Geography in Nalagarh, Himachal Pradesh.

The petitioner, who had utilized all her leaves due to her son's genetic disorder and subsequent surgeries, highlighted the absence of a CCL policy and its adverse impact on mothers, particularly those with children with special needs. Emphasizing that the participation of women in the workforce is not a matter of privilege but a constitutional imperative, the bench underscored the state's responsibility as a model employer to ensure equal opportunities for women.

The order directed the State of Himachal Pradesh to reevaluate its CCL policies in alignment with the Rights of Persons with Disabilities Act, particularly for mothers raising children with special needs. To facilitate this, the court mandated the constitution of a committee, comprising key officials from relevant departments, to engage with Assistant Solicitor Aishwarya Bhati.

The hearing is scheduled for the first week of August. Additionally, the court issued a notice to the Centre, signaling broader implications for national policy on CCL and women's workforce participation. This ruling underscores the judiciary's commitment to upholding gender equality and protecting the rights of individuals with disabilities in the workforce.

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