Context: In a recent judgment, the Supreme Court of India has held that participation of women in the workforce is a constitutional entitlement and denying mothers childcare leaves violates this.
Provisions for childcare leave in India:
- All India Services (Leave) Rules, 1955
- Central Civil Service Rules (Leave) Rules, 1972
Why childcare leaves for women is necessary?
- Fulfilling the Constitutional mandate- Article 15(3) provides for the enactment of special provision for women empowerment. In line with this mandate, the State is duty bound to take into consideration the special case women's situation such as disproportionate burden of childcare on women, which leads to lower participation of women in productive sectors.
- Increasing the labor force participation rate (LFPR) of women- Currently, the LFPR of women is quite lower at around 22% and in this scenario, the denial of childcare leave can further reduce the LFPR of women.
- Manifestation of Welfare state- Article 42 of the Indian Constitution as part of the Directive Principles of State Policy has provisions for maternity relief. So, drawing from the same provision, it is important to promote childcare leave as a model feature of welfare state.
Some important data and reports:
- As per the Opportunity index report, 85% working women in India believe they have missed out on raise, promotion or work offer because of their gender.
- As per the Pew Research Center Study on gender roles, 34% respondents think that childcare should be the primary responsibility of the women.