The Supreme Court, led by Chief Justice of India D Y Chandrachud and J B Pardiwala, recently addressed a case involving the denial of child care leave to a woman, an assistant professor in Government College, Nalagarh, Himachal Pradesh. The woman sought leave to care for her child, who suffers from a genetic condition, but her application was rejected by the state government.
In its ruling, the Supreme Court emphasized the constitutional entitlement of women to participate in the workforce, as protected by Article 15 of the Constitution. Denying mothers child care leave, especially in cases involving children with special needs, not only undermines this entitlement but also risks forcing women out of the workforce. The court stressed the importance of policies aligning with constitutional safeguards, particularly in supporting mothers facing unique challenges.
Recognizing the need for specific provisions for mothers of children with special needs, the court directed the Himachal Pradesh government to consider granting child care leave in line with the Rights of Persons with Disabilities (RPWD) Act. To facilitate this, a committee comprising officials from relevant departments was to be formed to review the matter and propose policy changes.
The petitioner’s situation, where her child suffers from Osteogenesis Imperfecta, a rare genetic disorder, highlights the urgency of addressing such cases. Despite exhausting her sanctioned leave due to her child’s medical needs, her request for child care leave was denied by the state government’s failure to adopt relevant provisions.
The petitioner’s appeal to the High Court was dismissed, prompting her to approach the Supreme Court. The Supreme Court’s intervention underscored the inconsistency in the state’s adoption of rules governing child care leave, emphasizing the principles of a welfare state and India’s obligations under international conventions.
The court’s directive to consider granting child care leave, regardless of the adoption of central rules, reflects its commitment to ensuring mothers’ participation in the workforce. Additionally, involving the Centre in the proceedings and seeking its assistance further highlights the significance of the case.
Overall, the Supreme Court’s decision not only addresses the petitioner’s specific situation but also sets a precedent for ensuring the rights of women, particularly mothers, in the workforce, thereby promoting gender equality and social justice.
