The Supreme Court of India delivered a significant ruling on Monday, emphasizing that denying child-care leave to a mother caring for a disabled child would contravene the State’s constitutional obligation to ensure gender equality in the workforce.
A bench comprising Chief Justice D Y Chandrachud and Justice J B Pardiwala issued the directive, deeming the matter “serious” and underscoring the importance of women’s participation in the workforce as a constitutional imperative. The Supreme Court orde
The Supreme Court of India delivered a significant ruling on Monday, emphasizing that denying child-care leave to a mother caring for a disabled child would contravene the State’s constitutional obligation to ensure gender equality in the workforce.
A bench comprising Chief Justice D Y Chandrachud and Justice J B Pardiwala issued the directive, deeming the matter “serious” and underscoring the importance of women’s participation in the workforce as a constitutional imperative. The Supreme Court ordered the establishment of a committee, chaired by the chief secretary of Himachal Pradesh, to deliberate on the policy regarding the grant of child-care leaves (CCLs) to working women with disabled children.
Highlighting the gravity of the issue, the Supreme Court emphasized that women’s participation in the workforce is not a privilege but a constitutional requirement, and as a model employer, the State must uphold this principle. Additionally, the Supreme Court directed the inclusion of the Central government in the case proceedings, seeking the assistance of Additional Solicitor General Aishwarya Bhati in resolving the matter.
The case pertains to a petitioner, an assistant professor in the Department of Geography in Himachal Pradesh, whose son suffers from a genetic disorder necessitating numerous surgeries since birth. Exhausting her sanctioned leaves due to her son’s treatment, the petitioner sought child-care leave as per central civil service rules.
Recognizing the crucial role of child-care leave, especially for mothers of children with special needs, the Supreme Court underscored its importance in ensuring equal opportunities for working mothers. It directed the Himachal Pradesh government to revise its policy on CCL in alignment with the Rights of Persons with Disabilities Act, 2016.
The newly formed committee, inclusive of key officials from relevant departments, is mandated to make a decision on the issue of CCL by July 31. Chief Justice Chandrachud reiterated the necessity for state policies to align with constitutional safeguards, particularly in matters concerning the welfare of mothers of children with special needs.
The Supreme Court’s intervention follows its earlier issuance of notices to the state government and the director of higher education on the petitioner’s plea. Subsequently, it sought responses from the commissioner under The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, demonstrating its commitment to addressing the pressing concerns raised in the case.
red the establishment of a committee, chaired by the chief secretary of Himachal Pradesh, to deliberate on the policy regarding the grant of child-care leaves (CCLs) to working women with disabled children.
Highlighting the gravity of the issue, the Supreme Court emphasized that women’s participation in the workforce is not a privilege but a constitutional requirement, and as a model employer, the State must uphold this principle. Additionally, the Supreme Court directed the inclusion of the Central government in the case proceedings, seeking the assistance of Additional Solicitor General Aishwarya Bhati in resolving the matter.
The case pertains to a petitioner, an assistant professor in the Department of Geography in Himachal Pradesh, whose son suffers from a genetic disorder necessitating numerous surgeries since birth. Exhausting her sanctioned leaves due to her son’s treatment, the petitioner sought child-care leave as per central civil service rules.
Recognizing the crucial role of child-care leave, especially for mothers of children with special needs, the Supreme Court underscored its importance in ensuring equal opportunities for working mothers. It directed the Himachal Pradesh government to revise its policy on CCL in alignment with the Rights of Persons with Disabilities Act, 2016.
The newly formed committee, inclusive of key officials from relevant departments, is mandated to make a decision on the issue of CCL by July 31. Chief Justice Chandrachud reiterated the necessity for state policies to align with constitutional safeguards, particularly in matters concerning the welfare of mothers of children with special needs.
The Supreme Court’s intervention follows its earlier issuance of notices to the state government and the director of higher education on the petitioner’s plea. Subsequently, it sought responses from the commissioner under The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, demonstrating its commitment to addressing the pressing concerns raised in the case.
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