Denying Child Care Leave (CCL) to mothers of differently abled children violates Constitutional duty: Supreme Court

On April 22, 2014, the Supreme Court (SC) of India highlighted the importance of Child Care Leaves (CCL) for mothers of children with disabilities. It held that denying CCL to mothers of differently abled children would violate this Constitutional duty to ensure equal participation of women in the workforce. This was said by the bench comprising Chief Justice of India DY Chandrachud and Justice JB Pardiwala while hearing a petition filed against the Himachal Pradesh High Court’s order that dismissed a plea to grant additional child care leave. The petitioner (assistant professor in the Department of Geography Government College Nalagarh), in this case, has a child suffering from a rare genetic disorder (Osteogenesis Imperfecta). Due to this medical condition, her son has undergone multiple surgeries since birth. The petitioner applied for CCL because she had exhausted her prior sanctioner leaves to take care of her son’s treatment to ensure his survival but the same was rejected by the state authorities. The HC also declined the petitioner’s request on the ground that the state of Himachal Pradesh has not adopted the provisions of CCL as mentioned under the Central Civil Services (CSS) (Leave) rules, 1972. The matter was therefore mentioned before the top court.

The SC bench said “We are of the view that the petition raises a serious matter of concern. The petitioner has raised the Rights of Persons with Disabilities Act. The commissioner has indicated on affidavit that no policy of CCL has been formulated. Participation of women in the workforce is a matter not just of privilege but a constitutional entitlement protected by Article 15 of the Constitution. The state as a model employer cannot be oblivious to the special concerns which arise in the case of women who are part of the workforce.” It added, “The provision of child care leave to women sub-serves an important constitutional objective of ensuring that women are not deprived of their due participation as members of the workforce. Otherwise, in the absence of provision for child care leave, a mother may be constrained to leave the workforce.” The bench also directed the state of Himachal Pradesh to review its policies on CCL concerning working mothers, especially for the mothers of children with special needs. It said, “Ultimately, the plea does entrench on areas of policy and areas of State policy must be synchronous with constitutional safeguards. We direct the State of Himachal Pradesh to reconsider CCL to mothers consistent with the RPWD Act (Rights of Persons with Disability Act) for mothers who are bringing up mothers of children with special needs.”

The SC also directed the HP government to constitute a committee to examine the possible solutions regarding the issue. It said that a committee should consist of the State Commissioner, The Secretary of Women and Child Development, and The Secretary of the Social Welfare Department. Further, the bench said that the committee should submit the reports, on July 15, 2024, before the top court.