Context :
Shalini Dharmani, who works as an assistant professor at a government college in Himachal Pradesh is a mother of a child with a rare genetic disorder, filed an appeal detailing her challenges in balancing work and caring for her son's medical needs. However, the Himachal Pradesh government refused to approve her request for childcare leave, stating that there was no specific provision in the state's service regulations.
Court's ruling:
The Supreme Court, comprising Chief Justice DY Chandrachud and Justice JB Pardiwala, emphasized that women's participation in the workforce is a constitutional entitlement. The court noted the absence of Child Care Leave provision in Himachal Pradesh and its significance in ensuring women's workforce participation. Directed the Himachal Pradesh government to reconsider the grant of Child Care Leave to mothers, aligning with the Rights of Persons with Disabilities Act 2016. They said women's participation in the workforce is not just a privilege but a constitutional right safeguarded by Article 15 of the Constitution.
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