SC: Denying women child care leave is violation of Constitution

Subject: Polity

Sec: Constitution

Context:

The Supreme Court said that participation of women in the workforce is a constitutional entitlement and denying mothers child care leave violates the constitution.

More on news:

A bench led by Chief Justice of India D Y Chandrachud and J B Pardiwala was hearing a plea by a woman, who said the Himachal Pradesh government had denied her child care leave to attend to her child who is suffering from a genetic condition.
The woman had approached the state seeking child care leave as her son is suffering from Osteogenesis Imperfecta, a rare genetic disorder, and had undergone several surgeries.
But her application 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.
The woman moved the High Court, which dismissed her plea on April 23, 2021, on the ground that the state has not adopted Rule 43 (C).

What did the bench say?

The Supreme Court declared that two-year childcare leave, alongside mandatory maternity leave, is a constitutional right for women employees.
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 provision of child care leave to women sub-serves an important constitutional objective of ensuring that women are not deprived of their due participation as members of the workforce.
In the absence of provision for child care leave, a mother may be constrained to leave the workforce.

Article 15 of the Constitution:

Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth
The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.
No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to-
- access to shops, public restaurants, hotels and places of public entertainment; or
- the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public.