Observing the issue as "serious", the Supreme Court on April 22 held that denying childcare leaves to a mother who is taking care of a child with disabilities, would violate the constitutional duty of the State to ensure equal participation of women in the workforce.
A Bench comprising Chief Justice D.Y. Chandrachud and Justice J.B. Pardiwala also directed setting up of a committee headed by the Chief Secretary of Himachal Pradesh to take a policy decision on the issue of grant of childcare leaves (CCLs) to the working women having children with disabilities.
It said the plea raised a "serious" issue and "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".