Denying child-care leaves to mother violates constitution: SC

The Supreme Court said that denying child care leave to working mothers of disabled children violated the constitutional mandate for equal participation of women in the workforce.

1: Dimension-Significance of Child-Care Leaves (CCL)

• Constitutional entitlement: A bench of Supreme Court emphasised that the participation of women in the work force is not just a matter of privilege but constitutional entitlement by Article 15 of the Constitution.
• Violation of constitutional mandate: The court said the provision of Child-Care Leaves (CCL) to women subserves an important constitutional object, and denying the same to mothers of children with disabilities would violate the constitutional duty to ensure equal women participation in the workforce.

2: Dimension-Barriers addressed by this ruling

• Systematic barriers: At its core, this ruling addresses the systemic barriers faced by women in balancing their professional careers with caregiving duties, particularly when they have children with disabilities.
• Gender disparity and undermined children’s rights: Denying child care leave to these mothers not only perpetuates gender disparities in the workforce but also undermines the rights of children with disabilities to receive adequate care and support from their parents.
• Societal attitudes towards caregiving: Moreover, the ruling underscores the broader societal attitudes towards caregiving, gender roles, and the inclusion of persons with disabilities.
• State’s obligations: Additionally, the ruling emphasizes the obligation of the state and employers to adopt inclusive policies that promote gender equality and support the diverse needs of working parents, including those with children with disabilities.

In conclusion, the Supreme Court's verdict on child care leave for mothers of disabled children reflects a significant step towards upholding gender equality, safeguarding the rights of children with disabilities, and fostering an inclusive society. It underscores the imperative for legislative and policy reforms that prioritize the needs of marginalized groups and promote a more equitable and supportive environment for all members of society.