Context :

Recently the Supreme Court ruled that Denial of Child Care Leave for Mothers of Disabled Children violates Constitutional Rights of the Women.

More on News :

• Case Background : The Petitioner had approached the court, whose son is suffering from Osteogenesis Imperfecta, a rare genetic disorder & her application for leave was declined on account of non-adoption of the provision of child care leave, as provided under Rule 43-C of the Central Civil Services (Leave) Rules, 1972  by the state government.
• Supreme Court Verdict : 
  • The Court noted that the refusal of child care leave to mothers would contravene the Constitutional obligation to guarantee equitable treatment of women in employment. 
    • 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 Supreme Court instructed the Himachal Pradesh government : 
    • To review its policies regarding Child Care Leave (CCL) for mothers, aligning them with the provisions of the Rights of Persons with Disabilities Act 2016, particularly concerning mothers raising children with special needs.
    • To constitute a committee consisting of the state commissioner appointed under the RPWD Act, secretary of Women and Child Department and secretary of Social Welfare Department to look into all aspects of the matter. 
      • It directed that the panel’s report be placed before competent authorities so that a policy decision is taken expeditiously.

Provision of Child Care leave in India  : Under Central Civil Services (Leave) Rules, 1972 

• Section 43-C : Child Care Leave : Subject to the provisions of this rule, a female Government servant and single male Government servant ( an unmarried or widower or divorcee Government servant) may be granted child care leave by an authority competent to grant leave for a maximum period of seven hundred and thirty days during entire service for taking care of two eldest surviving children, whether for rearing or for looking after any of their needs, such as education, sickness and the like. 

• • “Child” Means : a child below the age of 18 years or a child up to the age of 22 years with a minimum disability of forty per cent as elaborated in the ministry of social justice and empowerment notification issued on June 1, 2001.
• Grant of child care leave to a female Government servant and a single male Government servant under sub-rule (1) shall be subject to the following conditions, namely:
  • Three Spells in a Calendar year : It shall not be granted for more than three spells in a calendar year; 
    • In case of a single female Government servant, the grant of leave in three spells in a calendar year shall be extended to six spells in a calendar year.  
  • No CCL During Probation Period : It shall not ordinarily be granted during the probation period except in case of certain extreme situations where the leave sanctioning authority is satisfied about the need of child care leave to the probationer.
  • Minimum Period of CCL leave : Child care leave may not be granted for a period less than five days at a time.
  • Total Period of Leave : A female Government servant and a single male Government servant shall be paid one hundred percent of the salary for the first three hundred and sixty-five days, and at eighty percent of the salary for the next three hundred and sixty-five days.

Significance of Supreme Court Ruling for CCL to the Women : 

• To Address Systemic Challenges: Tackles the difficulties women encounter in juggling careers and caregiving, particularly for children with disabilities. 
• Gender Disparity and Child Welfare: Illustrates how denying childcare leave perpetuates gender gaps in the workforce and undermines the rights of disabled children to proper care.
• Societal Perceptions: Sheds light on societal attitudes regarding caregiving, gender roles, and the inclusion of individuals with disabilities. 
• State and Employer Responsibilities: Stresses the importance of implementing inclusive policies that promote gender equality and support working parents, including those with disabled children.

Needs & Benefits of Child Care Leave: 

• To Enhance Employee Retention and Productivity: By Providing child care leave boosts retention rates and productivity which helps in higher female labor force participation rates, thereby contributing to economic growth and stability. 
• To Support Working Mothers: Child care leave offers crucial support for working mothers to effectively balance their professional and personal responsibilities & it helps in recognizing  their dual roles as caregivers and employees. 
• To Fulfill the Constitutional Mandates by : 
• • Empowering Women through Special Provisions under Article 15(3) of the Constitution which can help in recognizing the disproportionate burden of childcare on women & the state is obligated to consider and address such issues, which can hinder women’s participation in productive sectors.
  • Increasing Women’s Labor Force Participation: With the current low labor force participation rate of women, denial of childcare leave could further decrease their participation. 
    • Therefore, by Upholding Article 42 of the Indian Constitution, which emphasizes maternity relief, promoting childcare leave aligns with the welfare state model in the Directive Principles of State Policy.

Additional Reading : Female Labour Force Participation

DOWNLOAD PDF