SC tells Himachal govt to reconsider child care leave provisions for mothers of kids with special needs
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Assistant Professor Shalini Dharmani fights a spirited battle after high court rejects her plea, she had exhausted her leave while caring for her son
TNR Desk
In a significant development, the Supreme Court has directed the Himachal Pradesh government to reevaluate the grant of Child Care Leave (CCL) to mothers, particularly focusing on provisions consistent with the Rights of Persons with Disabilities Act (RPWD Act).
The top court emphasised the importance of ensuring that women, especially those raising children with special needs, are not deprived of their rightful participation in the workforce.
A bench of Chief Justice of India DY Chandrachud and Justice JB Pardiwala passed the order, noting that the provision of CCL aligns with constitutional principles safeguarding women’s rights in the workforce.
The SC highlighted that women’s participation in employment is not a privilege but a constitutional entitlement, protected by various articles, including Articles 14, 15, and 21, as well as Article 19(1)(g).
Acknowledging the unique challenges faced by mothers of children with special needs, the top court underscored the obligation of the state to address these concerns. The order emphasised the necessity for the state’s policies to be in harmony with constitutional safeguards and protections.
The directive comes in response to a plea filed by Shalini Dharmani, an Assistant Professor whose son suffers from a rare genetic disorder.
Dharmani exhausted her sanctioned leave due to her son’s medical needs and sought CCL, which was denied by the Himachal Pradesh High Court in 2021. However, the Supreme Court’s intervention has reopened the discussion on the matter.
The apex court constituted a committee chaired by the Chief Secretary of Himachal Pradesh to thoroughly examine all aspects of the issue. This committee, which includes representatives from relevant government departments and the Union of India, has been tasked with submitting a report by July 31, 2024. Furthermore, the top court directed the competent authorities to consider Dharmani’s application for special leave favourably until a final decision is reached. The proceedings are scheduled to resume on August 5, 2024.
The case underscores the intersection of legal rights, parental responsibilities, and the imperative to accommodate the needs of individuals with disabilities within the framework of employment regulations. The outcome of this deliberation could set a precedent for similar cases across the country, reaffirming the commitment to inclusivity and equality in the workforce.
