A Bench comprising Chief Justice of India DY Chandrachud and Justice JB Pardiwala held that denying child-care leaves (CCL) to mothers of children with disabilities would violate this Constitutional duty to ensure equal women participation in the workforce.

“Child Care Leave subserves an important Constitutional objective where women are not denied an equal opportunity in the workforce. This (a denial of CCL) may compel a mother to leave the workforce and it applies to a mother more who has a child with special needs,” the top court said.

“We are of the view that the petition raises a serious matter of concern. The petitioner has raised the Rights of Persons with Disabilities Act. The commissioner has indicated on affidavit that no policy of CCL has been formulated. 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 apex court said.

The top court was hearing a case in which an assistant professor working in a college at Himachal Pradesh’s Nalagarh was denied leave to take care of her son, who had suffered from certain genetic disorders since birth, as she had exhausted all her sanctioned leaves.

The court also ordered the Himachal Pradesh govt to revise its CCL policy so that it is consistent with the provisions of the Rights of Persons with Disabilities Act, 2016. Further, the apex court has also sought the Centre’s response in the matter.