Supreme Court directs Himachal Govt to review policies on Child Care Leave for Working Mothers of Children with Special Needs

Shimla, Apr 23

In a significant verdict, the Supreme Court of India, presided over by Chief Justice of India DY Chandrachud and Justice JB Pardiwala, has directed the government of Himachal Pradesh to reassess its policies concerning Child Care Leaves (CCL) for working mothers, particularly those with children having special needs. The ruling came in response to a Special Leave Petition (SLP) filed by Shalini Dharmani, an assistant professor at the Department of Geography, Government College Nalagarh, challenging the absence of provisions for additional child care leave in Himachal Pradesh.

Shalini Dharmani, a dedicated educator, found herself at odds with the state authorities when her request for Child Care Leave (CCL) was denied. With a child afflicted by Osteogenesis Imperfecta, a rare genetic disorder requiring constant medical attention and surgeries, Dharmani’s plea for CCL was based on the necessity to care for her child’s health and well-being. However, the state of Himachal Pradesh, citing the absence of specific provisions akin to the Central Civil Service (CCS) Rules, 1972, refused her request, leaving her in a challenging predicament.

The bench, acknowledging the fundamental rights of working mothers as enshrined in the Constitution, emphasized the pivotal role of CCL in safeguarding these rights. Chief Justice DY Chandrachud reiterated that the state, as a model employer, must not overlook the responsibilities of working mothers, especially in cases involving children with special needs. The provision of CCL, the Court stressed, is essential to prevent the forced resignation of mothers due to caregiving obligations.

The case not only underscores the constitutional entitlement of women to pursue their careers without hindrance but also highlights the pressing need for policy reforms to accommodate the unique needs of working mothers. In its observations, the Court emphasized the importance of aligning state policies with constitutional values, particularly with regard to women’s participation in the workforce.

In light of these principles, the Supreme Court directed the State of Himachal Pradesh to conduct a comprehensive review of its policies on granting Child Care Leave. The review, the Court mandated, should focus on facilitating easier access to CCL for mothers of children with special needs, in accordance with the Rights of Persons with Disabilities (RPwD) Act, 2016.

Furthermore, the bench ordered the formation of a committee chaired by the Chief Secretary of Himachal Pradesh, comprising key stakeholders such as the State Commissioner, the Secretary of Women and Child Development, and the Secretary of the Social Welfare Department. This committee is tasked with examining all aspects of the matter and submitting a detailed report to the Court by July 15, 2024.

By addressing the challenges faced by working mothers, particularly those with children with special needs, the Court reaffirms its commitment to upholding constitutional principles and ensuring equal opportunities for all in the verdict in Shalini Dharmani vs. The State of Himachal Pradesh.