Two-year childcare leave, along with maternity, a constitutional right for women employees that can't be denied: SC

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In a significant ruling on Monday, the Supreme Court asserted that the provision of a two-year childcare leave , in addition to the mandatory 180-day maternity leave , is a constitutional right for women employees . The bench, headed by Chief Justice D Y Chandrachud and Justice J B Pardiwala, emphasized that the denial of such leave tantamounts to forcing women to resign from their jobs, a TOI report stated.The court's attention was drawn to this matter by Shalini Dharmani, an assistant professor at a government college in Himachal Pradesh. Dharmani, represented by her counsel Pragati Neekhra, highlighted her predicament as a mother of a child with a rare genetic disorder requiring frequent surgeries and constant attention. She lamented that despite exhausting her existing leaves, the Himachal Pradesh government had declined to grant her childcare leave, citing the absence of a specific provision in the state's service rules similar to Section 43-C of the Central Civil Service (Leave) Rules.Expressing disapproval at the lack of such a provision in Himachal Pradesh, the bench remarked, "Participation of women in the work force is not a privilege but a constitutional mandate. Childcare leave subserves an important constitutional objective to make women be part of the work force. Otherwise, mothers will be left with no option but to quit their jobs to look after their children in critical phases of their lives."In response to the situation, the Supreme Court directed the Himachal Pradesh government to promptly establish a high-level committee chaired by the chief secretary. This committee would include secretaries from the departments of social welfare and women and child welfare. Their task is to thoroughly review the issue of childcare leave for women employees.The court instructed the committee to collaborate with relevant Union ministries and submit a report by July 31, recommending an appropriate policy decision regarding the inclusion of childcare leave for women in the state's service rules. Meanwhile, acknowledging Dharmani's urgent circumstances, the court urged the Himachal Pradesh government to consider granting her extraordinary leave to care for her son, afflicted with osteogenesis imperfecta (brittle bone disease), until a final decision is reached.