New Delhi. The mother of a disabled child approached the Supreme Court for not getting leave to take care of her son, the hearing on which was held on Monday. During this, the Supreme Court said that refusing to grant child care leave to a mother would be a violation of the constitutional duty of the government to ensure their equal participation in the workforce. The bench of Chief Justice DY Chandrachud and Justice JB Pardiwala also directed to constitute a committee under the chairmanship of the Chief Secretary of Himachal Pradesh to take a policy decision on the issue of granting Child Care Leave (CCL) to working mothers of disabled children.
The court said that a ‘serious’ issue has been raised in the petition and women’s participation in the workforce is not a matter of privilege but a constitutional requirement and the government, as an ideal employer, cannot be unaware of it. The top court also ordered that the Center be made a party in the case. The bench sought help from Additional Solicitor General Aishwarya Bhati in giving the decision.
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Meanwhile, it also directed Himachal Pradesh officials to consider the petition regarding grant of CCL. The petitioner woman is an assistant professor in the Department of Geography in the state. His son is suffering from a genetic disease and has undergone several surgeries since birth.
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The Supreme Court said, ‘Child care leave serves an important constitutional purpose where women are not denied equal opportunity in the workforce.’ The court said that denial of such leave may force a working mother to leave her job and this is even more important for mothers of children with special needs.
The Court directed the State Government to revise its policy on CCL to make it in line with the Rights of Persons with Disabilities Act, 2016. It said that apart from the Chief Secretary, the committee will include the Secretary of the State Women and Child Development and Social Welfare Department and it will have to take a decision on the CCL issue by July 31. (with language input)
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Tags: DY Chandrachud, Supreme Court
FIRST PUBLISHED: April 23, 2024, 10:45 IST