New Delhi, May 29
The Supreme Court of India on Monday issued notice to the Jharkhand Government and the Jharkhand High Court, seeking their response on a petition filed by a woman district judge who was denied Child Care Leave (CCL), alleging gender bias and violation of service rules.
The matter was heard by a vacation bench comprising Justices Bela M. Trivedi and Pankaj Mithal, which agreed that the issue raised significant concerns regarding workplace equity, gender justice, and constitutional protections under Article 14 and 15.
Background of the Case
The petitioner, a woman judicial officer serving in Jharkhand, approached the apex court after her request for CCL — sought for the care of her minor child with medical needs — was rejected. She claims the denial was arbitrary and contrary to both High Court circulars and service rules that allow CCL for eligible employees, especially women officers.
The plea argues that while executive employees are often granted CCL as per the DoPT (Department of Personnel and Training) guidelines, judicial officers, particularly women, are denied parity in treatment under similar circumstances.
Key Legal Grounds
The petition highlights:
• Violation of Articles 14 (Right to Equality), 15 (Non-discrimination on basis of sex), and 21 (Right to Life and Dignity) of the Constitution.
• Lack of uniformity in implementation of child care leave policies across judicial services, despite being constitutionally protected employees.
• Judicial indifference to the caregiving responsibilities of women in the judiciary.
The petitioner also asserts that such denial could dissuade women from entering or continuing in the judicial services, impacting gender representation in the bench.
Supreme Court’s Directions
The Court has directed both the State of Jharkhand and the Registrar General of the Jharkhand High Court to file their responses within two weeks. The case is likely to be heard next in early July.
The outcome of the case could have broader implications for child care leave policies applicable to women across the judicial services in India.
