Supreme Court Affirms Women’s Equal Workforce Participation as Constitutional Duty
The Supreme Court emphasized that women’s equal participation in the workforce is not a matter of privilege but a constitutional obligation. This assertion came during a hearing where the court addressed the denial of child-care leave (CCL) to a mother of a child with disabilities. The bench, led by Chief Justice DY Chandrachud and Justice JB Pardiwala, stated that denying CCL in such cases would breach the constitutional duty to ensure gender parity in employment.
The court ordered the inclusion of the Centre in the case proceedings and enlisted the assistance of Additional Solicitor General Aishwarya Bhati. Additionally, it directed state authorities to consider granting CCL to the petitioner, an assistant professor in Himachal Pradesh.
The ruling stressed the significance of aligning state policies with the Rights of Persons with Disabilities Act, 2016. It mandated the revision of CCL policies to accommodate mothers of children with special needs and appointed a committee, including key state secretaries, to review the matter by July 31.
Chief Justice Chandrachud underscored the importance of policy coherence with constitutional safeguards, urging the Himachal Pradesh government to reconsider CCL provisions in line with the RPWD Act.
The court’s intervention highlights the necessity for inclusive policies supporting women’s workforce participation, especially concerning caregiving responsibilities for children with disabilities.
