The
Supreme Court has said denying women childcare leave is a violation of their
“constitutional entitlement” to participate in the workforce.
A
bench of Chief Justice of India DY Chandrachud and JB Pardiwala said this on
Monday while hearing a plea by an assistant professor in Government College,
Nalagarh, alleging the Himachal Pradesh government had denied her leave to
attend to her child who suffers from a genetic condition.
Highlighting the significance of women's
participation in the workforce, the bench underscored Article 15 of the
Constitution, which safeguards this entitlement. It further stressed that as a
model employer, the state must address the specific needs of women in the
workforce, including provisions for childcare leave.
The
court noted the constitutional imperative of ensuring women's uninterrupted
participation in the workforce, particularly mothers with children requiring
special care. Recognising the petitioner's situation, the court ordered the
state of Himachal Pradesh to align its policies with constitutional safeguards,
including those outlined in the Right to Persons With Disabilities Act.
To
facilitate policy alignment, the court directed the formation of a committee,
comprising key stakeholders, to examine the grant of childcare leave to
mothers, especially those with children with special needs. This committee's
report is mandated to inform policy decisions promptly.
The
petitioner, whose son suffers from a rare genetic disorder, faced denial of
childcare leave due to the state's non-adoption of relevant provisions. Despite
approaching the High Court, relief was denied, prompting the appeal to the
Supreme Court.
In
response to the plea, the Supreme Court emphasised the necessity of childcare
leave, urging the state to provide such provisions independently or by aligning
with central rules. The court also permitted the inclusion of the Centre in the
proceedings, seeking its assistance in addressing this matter.
Furthermore,
the court directed expedited consideration of the petitioner's application for
special leave, pending the submission of the state committee's report by July
31.