Supreme Court Ruling Mandates Childcare Leave for Mothers of Children with Disabilities

In a significant judgment, the Supreme Court of India has upheld the Constitutional commitment to gender equality by asserting that the denial of childcare leave (CCL) to mothers of children with disabilities infringes upon fundamental rights. The ruling, delivered by Chief Justice DY Chandrachud and Justice JB Pardiwala, highlights the critical function of CCL in enabling women to participate equally in the workforce, particularly when they are caregivers to children with special needs.

The case came to light when an assistant professor from a college in Nalagarh, Himachal Pradesh, was denied extended leave to care for her son, who suffers from congenital genetic disorders. The court found that the denial violated both the Rights of Persons with Disabilities Act and the constitutional directive to ensure equal employment opportunities for women.

The justices pointed out that the absence of supportive policies forces mothers to choose between their careers and caregiving responsibilities, thus perpetuating gender imbalances in the job market. As a corrective measure, the court has ordered the Himachal Pradesh government to amend its CCL policies to conform with the Rights of Persons with Disabilities (RPWD) Act of 2016.

Landmark Decision Ensures Legal Entitlements for Caregivers of Disabled Children

To ensure these amendments are implemented effectively, the Supreme Court has directed the forming of a special committee. This body will include the State's Chief Secretary, the Commissioner under the Rights of Persons with Disability Act, and Secretaries from the Women and Child Development and Social Welfare Departments. The committee is also tasked with collaborating with the Central government’s Social Welfare Department to enforce comprehensive reforms tailored to the needs of mothers caring for children with disabilities.

Further emphasizing the need for inclusive policies, the Court underscored previous initiatives by the Central government that provide CCL to parents of differently-abled children up to the age of 22, advocating for the removal of age-based limitations on such benefits.

In response to the Supreme Court's decision, notices have been issued to the Union government, which will also participate in the ongoing case. Additional Solicitor General Aishwarya Bhati has been appointed to assist in the matter. The Court has set a deadline of July 31, 2024, for the committee to report back on the proposed reforms, indicating a strong commitment to timely and effective action in rectifying these systemic issues.

This landmark decision reaffirms the Supreme Court's dedication to upholding the principles of equality and non-discrimination, essential for the rights of vulnerable groups and advancing gender equity in employment.