Maternity And Child Care Leave Are Constitutional Rights Of Women: Supreme Court
The Supreme Court has held that two-year childcare leave, apart from mandatory 180 days, for a woman employee, is a constitutional mandate. The SC made the observations while hearing an appeal filed by a Himachal Pradesh government employee.
In a ruling that could benefit millions of working women across India, the Supreme Court has held that two-year child care leave, apart from mandatory maternity leave of 180 days, for a woman employee, is a constitutional mandate. The bench of Chief Justice of India, DY Chandrachud, and Justice J B Pardiwala further said that denying these violated their constitutional rights.
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What is the case
The SC made the observations while hearing an appeal filed by a Himachal Pradesh government employee who claimed that she was denied leave to look after her disabled son.
The petitioner, Shalini Dharmani, who works as an assistant professor at the Nalagarh government college in Himachal Pradesh stated that she has a child with Osteogenesis Imperfecta, a rare genetic disorder that requires multiple surgeries and constant care.
According to Dharmani, she had exhausted all her leaves due to the continuous treatment and when she applied for a childcare leave, her application was declined by the state government citing the absence of a specific provision in the state's service rules.
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What Supreme Court said
Dharmani unsuccessfully challenged the government decision in the Himachal Pradesh High Court which dismissed her plea in April 2021.
Following this, she approached the SC, which on Monday criticised the state government and directed it to incorporate a CCL policy, similar to central rules, and ensure it was consistent with the provisions of the Rights of Persons with Disabilities Act, 2016.
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Constitutional entitlement of women
¡°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,¡± the SC said.
In a similar case, earlier this week the Maharashtra Administrative Tribunal had ruled that women employees should not be denied maternity leave during their probation period.
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