Big news from the Supreme Court on the ‘S’ aspect of much talked about ESG! The Honourable Court has confirmed that women employees have the constitutional right to take a two-year childcare leave, on top of the usual 180-day maternity leave.

The STORY Behind this Landmark Judgement

This came up because of Prof Shalini Dharmani, an assistant professor who really needed the leave for her child with a rare genetic disorder needing lots of care and surgeries. Despite using up all her leaves, her request was turned down by the Himachal Pradesh government because they didn’t have a specific rule for it like the Central Civil Service does.

The Chief Justice, D Y Chandrachud, and Justice J B Pardiwala weren’t happy about the lack of provisions in Himachal Pradesh and stressed that working women should not be seen as a privilege but a constitutional right.

They were clear that not allowing this leave is basically like forcing women to quit their jobs. They said childcare leave is crucial for women to stay in the workforce, especially during critical times in their children’s lives.

Reacting swiftly, the Supreme Court has ordered the Himachal Pradesh government to set up a high-level committee, led by the chief secretary. This committee will include big shots from social welfare and women and child welfare departments.

They’ve got until July 31 to work with Union ministries and come up with a policy for childcare leave for women in the state.

In the meantime, they’ve asked the government to consider giving Shalini Dharmani special leave to take care of her son until they make a final decision.”

FIVE ‘S’ Aspect of ESG Takeaways from this Judgment

📣 Social Justice: The Supreme Court’s ruling underscores the importance of social justice by affirming women’s rights to childcare leave. It addresses the societal challenge of balancing work and family responsibilities, particularly for mothers caring for children with special needs. This promotes inclusivity and fairness in the workplace, ensuring that women have the support they need to remain employed while fulfilling caregiving duties.

📣 Employee Welfare: The ruling enhances employee welfare by recognising childcare leave as a fundamental right for women employees. It acknowledges the diverse needs of employees, particularly mothers, and emphasizes the significance of providing adequate support mechanisms. This contributes to a more supportive and compassionate work environment, fostering employee well-being and job satisfaction.

📣Gender Equality: By affirming women’s right to childcare leave, the ruling promotes gender equality in the workforce. It challenges traditional gender roles and stereotypes by acknowledging women’s equal participation in employment. This aligns with our country’s commitment to gender equality and empowers women to pursue career opportunities without sacrificing their family responsibilities.

📣Legal Compliance: The ruling establishes legal compliance standards for employers regarding childcare leave provisions. It clarifies the constitutional mandate for providing such leave and highlights the consequences of denying it, including potential legal implications. Employers are thus compelled to adhere to statutory obligations and ensure compliance with relevant labour laws to avoid legal repercussions.

📣Stakeholder Engagement: The directive to establish a high-level committee involving government officials and stakeholders reflects a collaborative approach to addressing childcare leave policies. It encourages stakeholder engagement and dialogue to develop comprehensive and inclusive policies that meet the needs of working women. This fosters transparency, accountability, and stakeholder participation in decision-making processes related to employee welfare initiatives.

In conclusion, the Supreme Court’s ruling on childcare leave not only reinforces the tenets of social justice, employee welfare, and gender equality but also sets a robust legal framework for employer compliance and fosters a collaborative environment for policy development.

By recognising childcare leave as a constitutional right, the decision addresses critical societal challenges and promotes a more inclusive and supportive workplace. This landmark ruling stands as a testament to the progress being made towards achieving comprehensive workplace equality in India, ensuring that women can participate fully in the workforce without having to compromise on their family responsibilities.