The Supreme Court recently observed that denying childcare leave or CCL to women is a violation of Constitutional Duty. It stated that childcare leave is very important to ensure that women are allowed equal opportunity in the workforce. If the same is not granted to them, they will be forced to drop out of the workforce. This leave is more important in case of mothers of children with special needs.
This was following a petition by Shalini Dharmani, a professor from a government college in Himachal Pradesh, who was not granted leave to take care of her son with special needs. She had no sanctioned leaves left in her kitty as she had used them all up during her son’s treatment. The child had undergone numerous surgeries since birth owing to a genetic disorder.
As per the Court, the petitioner had raised the Rights of Persons with Disabilities Act. It observed that women’s participation in the workforce is a Constitutional requirement and it was the State’s duty to ensure that it is fulfilled and facilitated.
The Chief Justice of India directed that the State of Himachal Pradesh reconsider the grant of CCL to mothers consistent with the RPWD Act for women who are mothers to children with special needs.
A revision of policy on CCL was called for so it was in alignment with the Rights of Persons with Disabilities Act, 2016. In addition to the chief secretary, a committee comprising secretaries of women and child development and the social welfare department of the state has been ordered to make a decision on the issue by 31 July.
