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Denying Child Care Leave to mothers of disabled children a violation of Constitutional duty: Supreme Court

The Court proceeded to order the State government of Himachal Pradesh to revise its CCL policy so that it is consistent with the provisions of the Rights of Persons with Disabilities Act, 2016.

“Ultimately, the plea does entrench on areas of policy and areas of State policy must be synchronous with Constitutional safeguards. We direct the State of Himachal Pradesh to reconsider CCL to mothers consistent with the RPWD act for mothers who are bringing up mothers of children with special needs,” the Court ordered.

The Court ordered the constitution of a committee to carry out such reforms. The committee is to by constituted by State’s Chief Secretary and would include the State Commissioner under the Rights of Persons with Disability Act, and the Secretaries of (a) the Department of Women and Child Development and (b) the Social Welfare Department.

This committee has been asked to engage with the Secretaries of the Central government’s Social Welfare Department and prepare a report by July 31, 2024.

The Court has also sought the Central government’s response in the matter.

Notice of these proceedings be issued to Union. Let them be impleaded. Let ASG Aishwarya Bhati assist the Court,” the Court ordered.

Source: Barandbench

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