Childcare Leave: A Constitutional Right for Women in Employment?
In a landmark judgment in April of 2024, the Supreme Court of India affirmed that childcare leave, in addition to maternity leave, is a constitutional right for women in employment. This ruling arose from the case of Ms. Dharmani, a government college professor in Himachal Pradesh, who had exhausted her leave and needed additional time off to care for her son with brittle bone disease.
Initially, the High Court denied her request, but the Supreme Court overturned this decision, emphasising the necessity of supportive policies to address the significant drop in women’s workforce participation due to inadequate childcare accommodations.
In India, women spend approximately 433 minutes daily on unpaid domestic and care work while men spend only 173 minutes, and the situation is similar in both the rural and urban areas (Time Use Survey of India, 2019). The primary responsibility for household chores in South Asian countries still lies with women and acts as a big constraint on their ability to participate in paid work. This usually results in a multiple burden of work for women – house chores, care and professional. To add to the situation, working women face penalties both at home and at work, such as the motherhood penalty. Shouldn’t the people around encourage and support in reducing this gap between genders? The workforce participation of women is 36%, while it is almost double (64%) for men (Statista, 2024 ). With provisions such as prevention of sexual harassment at work, creches, and maternity leaves, women’s participation has seen a steady rise since 2017, but clearly, more needs to be done to create a level playing field for all.
The Central Government of India allows up to 730 days of additional childcare leave for women with two children until they turn 18 or, in cases of disabilities, until they turn 22. State governments, however, have the authority to set their own regulations, which has led to disparities in leave policies across the country. Himachal Pradesh, for instance, had different provisions, which led to Ms. Dharmani’s predicament. In response to the Supreme Court’s directive, the Himachal Pradesh government is re-evaluating its stance. A comprehensive report is due by 31st July. This will be crucial for working mothers in the state.
This issue is still unfolding and demands a thoughtful, nuanced approach to ensure comprehensive and fair solutions. We at In Diverse Company believe that addressing such matters is crucial for fostering a balanced, supportive and inclusive work environment where all employees can thrive.
Contact us at info@indiverse.com to discover more about our effective strategies for promoting equity, diversity and inclusion in your workplace.
References and bibliography:
https://www.lawrbit.com/article/child-care-leave-a-constitutional-mandate-or-not/
https://www.theindiaforum.in/article/what-did-you-do-last-24-hours
https://www.pib.gov.in/PressReleasePage.aspx?PRID=1660028
https://pib.gov.in/PressReleasePage.aspx?PRID=1967291
https://genderdata.worldbank.org/en/economies/india
https://www.statista.com/statistics/1043300/india-work-participation-by-gender/