Child Care Leave (CCL)

SYLLABUS:

GS 1 Society   >   Role of women   >  Women and Child issues

REFERENCE NEWS:

• Recently, highlighting the critical role of child care leave (CCL) in supporting women's participation in the workforce, a Supreme Court bench led by Chief Justice D.Y. Chandrachud and Justice J.B. Pardiwala delivered a judgement with profound implications for women's employment in India.

MORE ON NEWS:

• The SC delivered the judgement in the case, which involved an assistant professor from a government college in Himachal Pradesh who was denied CCL to care for her child with a rare genetic disorder. 
• This situation arose because the state had not adopted the CCL policy, introduced for central government employees in 2008 by the sixth Central Pay Commission, and the professor had used up all her available leave.
• The State Government of Himachal Pradesh argued that adopting the child care leave (CCL) policy under Rule 43-C of the Central Civil Services (Leave) Rules, 1972, was optional. This rule allows female central government employees up to 730 days of CCL for children under 18 years, with no age limit for a disabled child.
• The SC has asked the state chief secretary to form a committee to initiate policy changes and noted, “Participation of women in the workforce is a matter not just of privilege but a constitutional entitlement protected by Article 15. The state as a model employer cannot be oblivious to the special concerns which arise in the case of women who are part of the workforce.”

SIGNIFICANCE OF CHILDCARE LEAVE (CCL):

• Recognizing Unpaid Work: 
  • Conventional economic indicators often fail to capture women's unpaid labour. CCL recognizes and values the economic contribution of caregiving, fostering a more inclusive understanding of economic activities.
• Promoting Gender Equality and Economic Participation: 
  • CCL directly supports efforts to close the gender pay gap, as revealed by the Global Gender Gap Report 2021, which notes that in India, women earn only about 79% of what men earn. 
  • Additionally, the Time Use Survey of India, 2019, shows a significant disparity in unpaid domestic work, with women spending 433 minutes per day, compared to 173 minutes by men. By enabling women to remain in the workforce during and after childbirth, CCL helps mitigate economic disparities and promotes gender equality.
• Enhancing Workforce Stability and Productivity: 
  • According to a 2022 World Bank report, increasing women's workforce participation could lead to substantial economic growth, potentially in double digits for India. CCL reduces female attrition rates post-childbirth, contributing significantly to economic productivity and stability.
• Strengthening Family Health through Parental Involvement: 
  • CCL policies allow parents to nurture their children without economic hardship, fostering environments that enhance child health and strengthen family bonds. This support is essential for improving key social indicators like Infant Mortality Rate (IMR) and Maternal Mortality Rate (MMR), as highlighted by UNICEF.
• Breaking Stereotypes and Changing Cultural Norms: 
  • CCL challenges traditional gender roles by normalizing the view that child-rearing is both a societal and a personal responsibility. This shift helps dismantle patriarchal norms that traditionally confine women to caregiving roles.
• Encouraging Financial Independence and Strategic Financial Management: 
  • CCL helps mitigate the 'marriage penalties' and 'motherhood penalties' that women face, as noted in a 2019 World Economic Forum article citing OECD data showing a “motherhood penalty” of roughly a 7 percent wage reduction per child. This ensures women do not have to choose between professional growth and family responsibilities.
• Enhancing Formal Employment for Women: 
  • Over 95% of India's working women are engaged in the informal sector, as reported by the 2018 ILO. CCL acts as a vital safety net, potentially encouraging more women to transition into formal employment. This shift is essential for mitigating the feminization of poverty and boosting women's socio-economic status.

 WAY FORWARD:

• Strengthening Anganwadi Centre-Cum-Crèches: Following successful models in states like Haryana, Karnataka, Odisha, and Assam, there is a compelling need to systematically establish and finance Anganwadi centre-cum-crèches nationwide. Adequate funding and institutional support would ensure that these facilities effectively support working mothers throughout India.
• Emphasizing Collective Responsibility: Child care must be embraced as a shared societal responsibility, involving the state, employers, and the community at large. Adjusting labor markets to recognize women as primary earners is essential for enabling them to engage fully in the workforce. Studies show that equitable sharing of unpaid care responsibilities correlates with higher female labor force participation, yielding substantial economic and social advantages.
• Providing Child Care Subsidies: Implementing subsidies for child care can significantly empower mothers by freeing up their time and resources, thereby facilitating greater participation in the labor market. This move is likely to have profound economic implications, potentially boosting India's GDP by 27%, as suggested by IMF projections based on increased female labor force participation.
• Expanding Special Child Care Leaves: In light of the Supreme Court's ruling, it is imperative for all state governments to adopt and enforce special Child Care Leaves as stipulated under Rule 43-C of the Central Civil Services (Leave) Rules, 1972. Uniform availability of these provisions across states would eliminate regional disparities in leave benefits and support for working women.

CONCLUSION:

• The Supreme Court’s affirmation of Child Care Leave as a constitutional right not only validates the challenges faced by working women but also sets a precedent for future policies. 
• This judgment should act as a catalyst for comprehensive policy reforms that address both the legal and societal barriers preventing women from fully participating in the workforce. By recognizing and supporting the dual roles women often balance, India can make significant strides towards gender equality, economic growth, and social development.

PRACTICE QUESTION:

Q. Discuss the importance of Child Care Leave (CCL) for women's equality and economic involvement in India. (10 marks, 150 words)