Achi news desk-
GUWAHATI: The Supreme Court, headed by Chief Justices of India DY Chandrachud and JB Pardiwala, on Monday ruled that denying mothers parental leave violates their constitutional right to participate in the workforce.
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This statement came during the hearing of the plea of ​​a woman, an assistant professor at Government College, Nalagarh, who was denied parental leave by the Himachal Pradesh government to take care of her daughter suffering from a genetic condition.
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Emphasizing the constitutional protection of women’s participation in the workforce under Article 15, the committee emphasized that childcare leave is essential to ensure the continued involvement of women in employment.
She stated that without such instructions, mothers may be forced to leave their workplace, especially in cases of children with special needs, as demonstrated by the petitioner’s situation.
Recognizing the political implications of the matter, the court emphasized the need for state policy to align with constitutional safeguards.
It directed the Himachal Pradesh government to set up a committee, comprising officials appointed under the Right to Persons with Disabilities (RPWD) Act, to review the provision of childcare leave, especially for mothers of children with special needs.
The committee’s report should be submitted as soon as possible for policy decisions.
The petitioner’s case stemmed from her son’s medical condition, Osteogenesis Imperfecta, which led to many surgeries and the exhaustion of her granted leave. Despite her request, the state’s non-adoption of the treatment leave conditions led to the rejection of her request.
The Supreme Court rejected her request, citing the failure to adopt Rule 43(c) of the Central Civil Services (Leave) Rules, 1972.
In response to the Supreme Court notice, the Commissioner under the RPWD Act confirmed the absence of a specific policy regarding parental leave for children covered by the Act.
The court urged the state to provide some kind of childcare leave, independent of central rules while allowing the woman to involve the center in the process.
Beyond that, the court ordered that until further orders, the woman’s request for special leave must be examined by the authorities.
The state committee’s report is expected before July 31, with additional assistance from the center on the subject.
