Child Care Leave or commonly abbreviated to CCL, is granted to women employees for two years at most for the purposes of taking care of their minor children. Now, in recent development, the Supreme Court on Monday said that denying child care leave to working mothers of disabled children violated the constitutional mandate for equal participation of women in the workforce. Judgement given under A bench of Chief Justice of India DY Chandrachud and Justice JB Pardiwala heard the petition of a woman assistant professor in the Department of Geography in Nalagarh, Himachal. Whats full matterA woman professor in a state university through advocate Pragati Neekhra moved the appex court against the Himachal Pradesh High Court order, which dismissed her plea seeking CCL in terms of Rule 43-C of Central Civil Service (Leave) Rules, 1972. Her son suffers from a genetic disorder and has undergone several surgeries since birth and had exhausted all her leaves. What Supreme Court has said Passing a detailed order, the bench said, We are of the view that the petition raises a serious issue. The petitioner has raised the Rights of Persons with Disabilities Act. The Commissioner has indicated in the affidavit that there is no policy on Child Care Leave (CCL). Womens participation in the workforce is not a matter of privilege, but a constitutional requirement and the state as a model employer cannot remain ignorant of it. CCL serves an important constitutional objective, where women are not denied equal opportunity in the workforce.This gives a mother the flexibility to leave the workforce. This applies more to a mother who has a child with special needs. Ultimately the petition emphasizes the policy areas and areas of state policy that must be synchronized with constitutional safeguards. The order said that the State of Himachal Pradesh has been directed to reconsider the CCL in line with the RPWD Act for mothers who are mothers of children with special needs.The court said, We direct that a committee be constituted by the Chief Secretary of the state and it should include the State Commissioner under the RPWD Act, Secretary, Women and Child Development and Social Welfare Department and the committee should include the Secretary of the Social Welfare Department. A secretary should be included, the central government will present the report of the committee. The apex court also issued a notice to the Center on this issue.However, the top court also issued a notice to the Centre on the issue.
