In a significant legal development, the Himachal Pradesh government has updated its child-care leave policies to support mothers of disabled children, as disclosed to the Supreme Court on Wednesday. This change aligns with the Central Civil Services (Leave) Rules, 1972, and was initiated by a directive from a bench led by the now-retired Chief Justice D.Y. Chandrachud.
The amendment arose from a case brought by an Assistant Professor from the Geography Department at Government College, Nalagarh. She highlighted her struggles in caring for her 14-year-old son diagnosed with Osteogenesis Imperfecta—a genetic condition demanding constant medical attention and surgeries. After exhausting all her sanctioned leaves, she sought judicial relief, as the existing state provisions did not meet her needs.
Her plight reached the Supreme Court after the Himachal Pradesh High Court dismissed her plea in 2021. The apex court, recognizing the gravity of the situation, described the denial of adequate leave as a “serious” oversight that impinged on women’s constitutional rights to equal workforce participation. In response, the Supreme Court instructed the Himachal Pradesh government to convene a chief secretary-led committee to deliberate on the policy.
This led to the enactment of the Central Civil Services (Leave) Himachal Pradesh Amendment Rules, 2024, on July 31, which introduced Rule 43C. This rule allows female government employees to take up to 730 days of child-care leave to support children with disabilities of 40 percent or more, until the child reaches the age of 20.
On the latest hearing, the bench of Justices BV Nagarathna and NK Singh concluded the case, giving the petitioner the option to address any shortcomings in the newly amended rules through further representations to the state authorities.
