Supreme Court: Refusing Child Care Leave to Mothers of Disabled Children Breaches Constitutional Obligations

The ruling was passed by the Himachal Pradesh High Court where an assistant professor was denied leave when she had to take care of her son who was suffering from genetic disorders from birth, as she had exhausted her leaves.

The state government was ordered to revise the CCL policy so that the same becomes consistent with the provisions of the Rights and Disabilities Act, of 2016.

It was ordered that a committee be formed so that the execution of the reforms could be measured.

It was asked that the committee get engaged with the secretary of the central government’s social welfare department and do the preparation of the report by 31^st July 2024.

The response of the central government has also been sought.

It was recounted that in 2010, the government decided to provide CCL to parents of children with a disability up to 22 years of age.

Rule 43C of the Central Civil Service (Leave) Rules, 1972 regulated the provisions for child-care leave. The individual involved, an assistant professor who acted as the petitioner in this case, had previously approached the Himachal Pradesh High Court seeking remedy when she was denied additional leave beyond what was initially granted to her.

Following the rejection of her plea by the High Court, she proceeded to appeal the decision to the Supreme Court.

Written By:- Shianjany Pradhan (SHIANJANYPRADHAN)