SC Upholds Childcare Leave as Constitutional Mandate, Orders Policy Review

GG News Bureau
New Delhi, 23rd April. The Supreme Court on Monday emphasized the importance of providing childcare leave to mothers, especially those caring for children with disabilities, as a constitutional mandate to ensure gender equality in the workforce.

The court directed the formation of a committee led by the chief secretary of Himachal Pradesh to address the issue of granting childcare leaves to working women with disabled children.

Women’s participation in the workforce is not a privilege but a constitutional obligation, and the State must uphold this duty as a model employer. The court also involved the Central government in the case and requested the assistance of Additional Solicitor General Aishwarya Bhati.

The court instructed state authorities to consider granting childcare leave to a petitioner, an assistant professor with a child suffering from a genetic disorder. The court highlighted that denying such leaves could force working mothers to quit their jobs, especially those with children with special needs.

The state government was directed to align its childcare leave policy with the Rights of Persons with Disabilities Act, 2016, and a committee including relevant department secretaries was tasked to make a decision on the issue by July 31.

The Chief Justice stressed the need for state policies to be in line with constitutional safeguards, particularly in cases involving mothers of children with special needs.

The court had previously issued notices to the state government and higher education director in response to the plea filed on October 29, 2021, and later sought input from the commissioner under The Persons with Disabilities Act, 1995.