Supreme Court Declares Child Care Leave as a Constitutional Right for Women Employees
Landmark Judgment: Two Years of Child Care Leave
In a landmark judgment, the Supreme Court of India has declared that two years of child care leave is a constitutional right for women employees. The ruling also upheld the mandate for 180 days of maternity leave, affirming that these provisions are essential to protect the rights and well-being of working women. The court's decision underscores the importance of creating a supportive work environment for women, particularly those with caregiving responsibilities.
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| Supreme Court declared two years child care leave as constitutional right of women employees |
Chief Justice DY Chandrachud's Decision
The ruling was issued by a bench headed by Chief Justice DY Chandrachud and Justice JB Pardiwala, who emphasized that denying such leave would force women to resign from their jobs, thus violating their fundamental rights. The court pointed out that women's right to work without hindrance is inherent under Article 15 of the Indian Constitution, which prohibits discrimination on grounds of religion, race, caste, sex, or place of birth.
Case of Shalini Dharmani
The Supreme Court's decision came after a petition by Shalini Dharmani, an assistant professor from Himachal Pradesh, whose child suffers from osteogenesis imperfecta (also known as brittle bone disease), a rare genetic disorder that requires frequent surgeries and constant attention. The Himachal Pradesh government had denied her child care leave (CCL), citing the absence of a specific provision in the state's service rules similar to Section 43-C of the Central Civil Services (Leave) Rules.
The court directed the Himachal Pradesh government to set up a committee to review its policies, emphasizing the need to align state regulations with central provisions to ensure equal rights for women employees.
Provisions of Child Care Leave
Under Rule 43 of the Central Civil Services (Leave) Rules, female government servants with children below 18 years of age, whose regular leave has been exhausted, can avail Child Care Leave (CCL) for up to two years (730 days) to take care of their children. This leave can be used for any child-related needs, such as examination, illness, or other significant events. During this leave, mothers will be paid their regular salary, ensuring that their financial stability is not compromised.
The Supreme Court's ruling ensures that women in government service are entitled to this essential support, enabling them to balance their professional and personal responsibilities without fear of losing their jobs or facing discrimination.
Conclusion
The Supreme Court's declaration of child care leave as a constitutional right for women employees is a significant step towards promoting gender equality in the workplace. This ruling acknowledges the unique challenges faced by working mothers and ensures that they can continue to contribute to the workforce without compromising their family's well-being. By recognizing the importance of providing adequate leave for childcare, the Supreme Court has set a precedent for a more inclusive and supportive work environment.
