Court highlights violation of fundamental rights due to non-adherence to Child Care Leave policy affecting child's support during crucial academic year.
In a significant ruling, the Bombay High Court, Goa Bench, underscored the importance of adhering to Child Care Leave (CCL) policies by government officials, emphasizing that failure to do so infringes on the fundamental rights of both the child and the female employee. The case arose when Shri. Valencio D'Souza, petitioner, challenged the rejection of CCL for his spouse, Smt. Millie Do Rosario, by the Institute of Psychiatry & Human Behaviour, Bambolim, Goa.
Smt. Millie, an Assistant Accounts Officer, had sought 266 days of CCL to support her son during his critical Std. 12th board exams amidst the COVID-19 pandemic. However, her application was only partially granted for 60 days, and subsequent requests for extension were denied without proper ministerial approval, as mandated by the Department of Personnel and Training (DoPT) guidelines.
The High Court, presided over by Dr. Neela Gokhale, J., criticized the government officials for not following the established procedures that require referring such cases to the concerned Minister. The court noted that the policies clearly state that the minimum period of CCL should not be less than six months, depending on the available balance, and any denial must be approved by the Minister for Personnel.
Despite the lapse of time rendering the petition's relief moot, the court highlighted the broader issue of non-compliance, which deprived the child of maternal support during a crucial academic phase. The court reinforced that such procedural lapses could result in administrative actions under the Conduct Rules.
The judgment emphasizes the legal framework's acknowledgment of the vital role of women in familial and child care responsibilities, urging government departments to uphold these policies to protect the rights of female employees and their children.
Bottom Line:
Failure to adhere to the Child Care Leave (CCL) policy by Government officials constitutes a violation of the fundamental rights of the child and the rights of the female employee.
Statutory provision(s): Circulars dated 20th February 2013 and 27th June 2014, Department of Personnel and Training (DoPT) guidelines, Conduct Rules.
