New Delhi:

Terming the issue as “serious”, the Supreme Court on Monday said denying child care leave to a mother taking care of a disabled child would be a violation of the state’s constitutional duty to ensure equal participation of women in the workforce. ,

A 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 women with children. Those with disability.

It said the petition raised a “serious” issue and “women’s participation in the workforce is not a matter of privilege but a constitutional requirement and the state as a model employer cannot be oblivious to it”.

The top court also ordered that the Center be made a party in the case and sought assistance from Additional Solicitor General Aishwarya Bhati in deciding on it.

Meanwhile, it also directed the state authorities to consider the plea of ​​granting CCL to the petitioner woman, who is an assistant professor in the Department of Geography in the state.

Their son suffers from a genetic disorder and has undergone several surgeries since birth. His sanctioned leave got exhausted due to the treatment of his son and the Central Civil Services rules providing for CCL.

“Child care leave serves an important constitutional purpose where women are not denied equal opportunity in the workforce,” the bench said, adding that denial of such leave forces a working mother to leave the job. Can and this is more important. For a woman with a child with special needs.

It 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 has been said that apart from the Chief Secretary, the committee will have secretaries of Women and Child Development and Social Welfare Department of the state and it will have to take a decision on the issue of CCL by July 31.

“Ultimately, the petition emphasizes the areas of policy and the areas of State policy that must be in sync with the constitutional safeguards. We direct the State of Himachal Pradesh to reconsider the CCL in line with the RPWD Act for mothers who deliver children Mothers with special needs,” the CJI said.

Earlier, the apex court had issued notice to the state government and the Director of Higher Education on the petition on October 29, 2021.

Later, it also sought response from the Commissioner under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.

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