Not giving time off to mom of disabled child breaks state's duty: Supreme Court
PTC News Desk: In a significant ruling, the Supreme Court of India reaffirmed the fundamental duty of ensuring equal participation of women in the workforce as a constitutional mandate. The verdict, delivered by a bench comprising Chief Justice DY Chandrachud and Justice JB Pardiwala, emphasised the critical importance of child-care leaves (CCL) for mothers of children with disabilities.
The court's decision stemmed from a case where an assistant professor, employed in the geography department of a college in Nalagarh, Himachal Pradesh, was denied leave to attend to her son with genetic disorders. Despite exhausting her sanctioned leaves, she was unable to secure additional time off to care for her child.
Labelling the matter as "serious," the bench underscored that women's participation in the workforce is not a privilege but a constitutional imperative. It noted that the state, as a model employer, must uphold this duty. Consequently, denying CCL to mothers of children with disabilities contravenes this constitutional obligation.
The Supreme Court directed the inclusion of the central government in the case and sought the assistance of the additional solicitor general Aishwarya Bhati. Moreover, it instructed state authorities to reconsider the petitioner's request for CCL and revise existing policies to align with the Rights of Persons with Disabilities Act, 2016.
The court's directive mandated the formation of a committee, comprising the chief secretary and secretaries of women and child development and social welfare departments, to address the issue of CCL by July 31. This decision seeks to ensure that state policies are in harmony with constitutional safeguards, particularly concerning vulnerable groups such as mothers raising children with special needs.
The ruling underscores the judiciary's commitment to protecting the rights of marginalized individuals and upholding constitutional principles of equality and inclusivity. Earlier notices issued to the Himachal Pradesh government and relevant authorities reflect the court's proactive stance in safeguarding citizens' rights, especially those belonging to vulnerable segments of society.
- With inputs from agencies
