New Delhi

India's Supreme Court on Monday (April 22) said that equal participation of women in the workforce remains a matter of constitutional duty, while observing the significance of child-care leaves for mothers of children with disabilities. 

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A bench comprising Chief Justice of India DY Chandrachud and Justice JB Pardiwala held that denying child-care leaves (CCL) to mothers of children with disabilities means violation of this constitutional duty to ensure equal women participation in the workforce, Bar and Bench reported. 

The bench said, "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."

The Supreme Court has sought the assistance of additional solicitor general Aishwarya Bhati in adjudicating it, Press Trust of India reported.

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The petitioner is an assistant professor in the department of geography in a Himachal Pradesh institute.

The court passed the ruling when the petitioner was denied leave to take care of her son, who suffers from certain genetic disorders since birth, because she had exhausted all her sanctioned leaves.

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"We are of the view that the petition raises a serious matter of concern. The petitioner has raised the Rights of Persons with Disabilities Act. The commissioner has indicated on affidavit that no policy of CCL has been formulated. 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," the Supreme Court bench ruled.

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Supreme Court directed Himachal Pradesh's Sukhu government to revise its policy on CCL to make it consistent with the Rights of Persons with Disabilities Act, 2016.

(With inputs from agencies)