Source: Supreme Court

Why in News?

Recently, the Supreme Court has held that denying child-care leaves to mothers of children with disabilities would violate the Constitutional duty to ensure equal women participation in the workforce.

What was the Background of the Case?

• In this case, the petitioner is the assistant professor working in a college at Nalagarh, Himachal Pradesh.
• The petitioner 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.
• Due to his continuous treatment, she had exhausted all her sanctioned leave. But her application was declined on account of non-adoption of the provision of child- care leave.
• The woman moved the Himachal Pradesh High Court, which dismissed her plea.
• Thereafter, she filed an appeal before the Supreme Court.
• Allowing the appeal, the Court proceeded to order the State government of Himachal Pradesh to revise its child-care leaves policy so that it is consistent with the provisions of the Rights of Persons with Disabilities Act, 2016.

What were the Court’s Observations?

• The Bench comprising Chief Justice of India (CJI) DY Chandrachud and Justice JB Pardiwala observed that child-care leave subserves an important constitutional objective where women are not denied an equal opportunity in the workforce. A denial of the leaves may compel a mother to leave the workforce and it applies to a mother more who has a child with special needs.
• It was further held that the participation of women in the workforce is a matter not just of privilege but a constitutional entitlement protected by Article 15 of the Constitution of India, 1950 (COI). 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.

What are the Relevant Legal Provisions Involved in it?

Rights of Persons with Disabilities Act, 2016

• It was enacted on 27^th December 2016, replacing the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.
• This Act came into force on 19^th April 2017, heralding a new era of rights and recognition for persons with disabilities (PWDs) in India.
• This Act broadens the scope of disabilities to cover 21 conditions, including physical, intellectual, mental, and sensory impairments.
• It mandates that educational institutions and government organizations reserve seats and positions for persons with disabilities, ensuring their access to education and employment opportunities.
• The Act emphasizes the creation of barrier-free environments in public spaces, transportation, and information and communication technologies, enabling greater accessibility for persons with disabilities.
• It mandates the government to formulate schemes and programs for social security, healthcare, and rehabilitation of persons with disabilities.
• The Act mandates the formulation of guidelines and standards for public buildings to ensure universal accessibility.

Article 15 of the COI

• This Article deals with the prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.
• This Article provides that no citizen shall be discriminated on grounds only of religion, race, caste, sex or place of birth.
• Exception to this Article states that certain provisions can be made for the women, children, citizens from any socially or educationally backward class for their upliftment (such as reservation and access to free education).