The top court also ordered that the Centre be made party to the case and sought the assistance of Additional Solicitor General Aishwarya Bhati in adjudicating it.
New Delhi:
Observing the issue as "serious", the Supreme
Court on Monday held that denying child-care leaves to a mother who is taking
care of a child with disabilities, would violate the constitutional duty of the
State to ensure equal participation of women in the workforce.
A bench comprising Chief Justice DY Chandrachud and Justice
JB Pardiwala also directed setting up of a committee headed by the chief
secretary of Himachal Pradesh to take a policy decision on the issue of grant
of child-care leaves (CCLs) to the working women having children with
disabilities.
It said the plea raised a "serious" issue and
"participation of women in the workforce is not a matter of privilege but
a constitutional requirement and the State as a model employer cannot be
oblivious of this".
The top court also ordered that the Centre be made party to
the case and sought the assistance of Additional Solicitor General Aishwarya
Bhati in adjudicating it.
It, meanwhile, also directed the state authorities to
consider the plea for grant of CCL to the petitioner woman, an assistant
professor in the Department of Geography in the state.
It directed the state government to revise its policy on CCL
to make it consistent with the Rights of Persons with Disabilities Act, 2016.
