Denying Women Child Care Leave (CCL) is violation of Constitution: Supreme Court (SC) | Current Affairs | Vision IAS
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    Denying Women Child Care Leave (CCL) is violation of Constitution: Supreme Court (SC)

    Posted 24 Apr 2024

    2 min read

    • Recently, a 2-judge bench of the SC directed the government of Himachal Pradesh to review its policies on CCL concerning working mothers, especially mothers of children with special needs.

     

    • Key highlights of the SC Directive
      • Court observed that where the state is the employer of a working mother, it cannot be ignorant of her responsibilities at home while serving the state.
      • Participation of women in workforce is a constitutional entitlement protected by Article 15 of the Constitution.
        • Article 15 provides that State shall not discrimination on grounds only of religion, race, caste, sex, place of birth, or any of them.

     

    Maternity Benefit (Amendment) Act, 2017

    • Provides for 26 weeks of paid maternity leave to women workers.
    • Out of these 26 weeks, not more than 8 weeks shall be preceding the expected date of delivery.
      •  Maternity benefits given for delivering the child were not sufficient and are perhaps distinct from the concept of CCL.
    •  About Child Care Leave (CCL)
      •  Rule 43-C of the Central Civil Services (Leave) Rules, 1972 provides for 2 years (730 days) of CCL to female employees with children under 18 years of age to look after their kids.
        • This leave can be used for any child-related needs like exams or illness.
        • State of Himachal Pradesh has not adopted these provisions of CCL.
      • There’s no age limit in case of disabled child.

     

    • Tags :
    • Child Care Leave
    • Maternity Benefit (Amendment) Act, 2017
    • Article 15

    Articles Sources

    https://www.livelaw.in/top-stories/supreme-court-concerned-at-lack-of-child-care-leave-in-himachal-p
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