SC Verdict on Childcare Leave- Explained Pointwise

Recently, a Supreme Court (SC) bench headed by Chief Justice of India D Y Chandrachud has delivered its verdict on a case of childcare leaves. The court was hearing a plea by an assistant professor in the Government College, Nalagarh, who was denied childcare leave (CCL) to attend to her child suffering from a genetic condition. SC Court held that the state as a model employer cannot be oblivious to the special concerns which arise in the case of women who are part of the workforce.

What is the case? What is the SC verdict which expands the scope of Childcare leaves?

Case- The case involves denial of Child care leaves by the State Govt of Himachal Pradesh to an assistant professor for taking care of her ailing child who is suffering from Osteogenesis Imperfecta, a rare genetic disorder.

Employer’s argument- The employer (State Govt of Himachal Pradesh) argued that it was the state’s choice to not adopt the special Child care leave policy as provided under Rule 43-C of the Central Civil Services (Leave) Rules, 1972.

SC Verdict- SC directed the State Govt of Himachal Pradesh to review its policies on Child Care Leaves (CCL) concerning working mothers, especially mothers of children with special needs. The Court has held that the state as a model employer cannot be oblivious to the special concerns of working women.

What is the significance of the Judgement?

1. Reaffirms the importance of Article 15 as an enabling provision- The judgment has highlighted that Article 15 is not merely a restrictive provision (which restricts discrimination based on gender) but also an enabling provision (enables state to make special provisions for women)

2. Addresses the issue of child care responsibilities of working women- The judgement addresses the need for childcare services to bolster women’s participation in paid work.

3. Responsibility of state and employer to boost women employment rate- The SC judgement puts the onus and responsibility on the state and the employer to enable women to join and retain their employment.

What are the issues faced by working women in India with regards to child care?

1. Childcare Burden on Working women- Working women in India have to single-handedly manage the triple burden of housework, child care work and paid work. As per the Time Use Survey of India, 2019, Indian men spend 173 minutes compared to 433 minutes spent by women for unpaid domestic and care work.

2. Marriage penalties and motherhood penalties- Working women face ‘marriage penalties‘ and ‘motherhood penalties‘ due to their temporary forced withdrawal from workforce due to motherhood and childcare services.

3. Lack of implementation of Labour codes providing creche facilities- The new labour codes provide for the paid maternity benefits for childcare and mandate crèches on worksites. However, as the Annual Reports of the Ministry of Labour and Employment, these codes have been rarely implemented.

4. High degree of informalization- According to a 2018 study by the International Labour Organisation (ILO), more than 95% of India’s working women are informal workers. The absence of social security net, like paid leaves for Child care, in the informal sector discourages women from participating in the labour force.

5. Challenges with National Crèches Scheme- The scheme suffers from the challenges of underfunding, its limited reach and usage.

What are the advantages of providing childcare leaves?

1. Economic Boost- According to the IMF, gender parity in the workforce can improve India’s GDP by 27%. A decrease in women’s unpaid care work is related to a 10-percentage point increase in women’s labour force participation rate.

2. Tackling poverty- It helps to tackle the phenomenon of feminisation of poverty, which is a result of highly informalised work performed by women.

3. Improvement in Social Indicators- Encouraging more women to enter the formal workforce will improve indicators like Infant Mortality Rate (IMR), Maternal Mortality Rate (MMR).

4. Self Confidence and Dignity- Financial independence enables women to play a greater role in decision-making like family planning.

What steps have been taken by the government to provide child care facilities for Women?

What should be the way forward?

1. Child Care Subsidies- Child-care subsidies should be provided to free up mothers’ time to enter the labour force, which would have significant implications in increasing female employment.

2. Institutionalisation of Anganwadi centre-cum creches- There is a need to institutionalise Anganwadi centre-cum creches with a committed budget

3. Incorporation of special childcare leaves- The state governments must also incorporate special Child care leaves as provided under Rule 43-C of the Central Civil Services (Leave) Rules, 1972.

4. Collective responsibility of State, employers and communities- Labour markets need to consider women as primary earners and enable them to take up full employment. There is evidence of high female labour force participation in countries where unpaid care work responsibilities are equally shared.