In a ruling that is likely to place India in the league of countries with best maternity policies in the world, the Supreme Court on Monday asserted the provision of two-year-childcare leave, in addition to the mandatory 180-day maternity leave, is a constitutional right of women employees.
Millions of mothers, each year, are forced out of the workforce to take care of the child in the absence of favorable maternity policies. The Supreme Court bench, headed by Chief Justice DY Chandrachud and Justice J B Pardiwala emphasized that the denial of such leave amounts to unequal working conditions for women and it is equal to forcing them to resign from their jobs.
In a case brought before the Supreme Court by Shalini Dharmani, an assistant professor at a government college in Himachal Pradesh, she highlighted her predicament as a mother of a child with a rare genetic disorder requiring frequent surgeries and constant medical care. She pleaded before the court that despite exhausting her existing leaves, the government declined to grant childcare leave citing the lack of a provision under state's service rules.
Taking note of the situation and also expressing disapproval at the lack of a suitable provision in Himachal Pradesh, the bench observed, "Participation of women in the workforce is not a privilege but a Constitutional mandate. Childcare leave subserves an important constitutional objective to make women be a part of the workforce. Otherwise, mothers will be left with no option but to quit their jobs to look after their children in critical phases of their lives."
Directing the Himachal Pradesh government, the Supreme Court asked for a prompt establishment of a high-level committee chaired by the chief secretary. The committee is to include secretaries from the department of social welfare, women and child welfare. It has been tasked with a thorough assessment of the provision of childcare leave for women employees.
The court has also set the deadline of July 31 for the committee to collaborate with relevant Union ministeries and submit a report. In the meanwhile, it also ruled that the Himachal Pradesh government consider granting her extraordinary leave to take care of her son afflicted with osteogenesis imperfecta (brittle bone disease).
Maternity leave in countries around the worldMedically essential for both baby and the mother, maternity leave allows the mothers to prepare for and recover from the process of birthing a child, while providing them ample time to bond. The world over, studies show that infant mortality rates decline with longer maternity leaves. Among the countries with enviable maternity laws, Bulgaria provides a wholesome 58 weeks of statutory paid maternity leave to its citizens. The expectant mothers are obliged to start their maternity leave well before the childbirth, which is 45 days before the due date.
