Supreme Court: Denying Child-Care Leave to Mothers of Disabled Children Violates Constitutional Duty

The Supreme Court of India has ruled that denying child-care leaves (CCL) to mothers with disabled children is a violation of the constitutional duty to ensure equal participation of women in the workforce. The ruling came from a bench consisting of Chief Justice DY Chandrachud and Justice JB Pardiwala, who stated that equal participation is a constitutional requirement, not merely a privilege.

This case involved an assistant professor in the Department of Geography at a college in Nalagarh, Himachal Pradesh, who was denied additional leave to care for her son with a genetic disorder. She had already used her sanctioned leaves due to her son’s treatment, prompting her to file a plea.

The court emphasized that the State, as a model employer, must be aware of its responsibilities in supporting women in the workforce, especially those caring for children with disabilities. It directed the state of Himachal Pradesh to reconsider its CCL policies and ensure they are consistent with the Rights of Persons with Disabilities Act, 2016.

The Supreme Court directed the formation of a committee to address the issue, consisting of the chief secretary and secretaries from the departments of women and child development, and social welfare. This committee must decide on the matter by July 31. The court also ordered that the Centre be made a party to the case and sought the assistance of additional solicitor general Aishwarya Bhati for further guidance.

The ruling highlights the importance of ensuring policies that support women in the workforce and respect their rights when caring for children with disabilities. The case sheds light on the need for state policies to align with constitutional safeguards and reflect a commitment to equal opportunities for all, including those with special needs.