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A TRANSFORMATIVE APPROACH TOWARDS CHILD CARE LEAVE VIS-A-VIS CHILD RIGHTS

Updated: Aug 28, 2020

By- Vagish Yadav, 4th Year Student at Amity Law School, Lucknow

 

Recently, the Uttarakhand High Court has upheld using a Judgment and order dated 24.07.2020 in the case of Smt. Tanuja Tolia v. State of Uttarakhand and others that a contractual employee is also entitled to Child Care leave. The development of recognition of Child Rights and Child Care Leave (hereinafter called “CCL”) can be vividly seen in the journey of legitimizing Child Care Leave and establishing the granting of it as the norm as in the instant case.

In this article, I will analyze and trace the origins of CCL and further analyze in the context of contemporary approaches to the rights of the child.


THE ORIGIN

By means of Government of India, DoPT Notification (The Central Civil Services (Leave) (Amendment) Rules, 2009) dated the 1st December 2009, Rule 43C, which provides for Child Care Leave was inserted in the Central Civil Services (Leave) Rules 1972.

It is pertinent to note certain eye-catching provisions of the original rule:

  1. It is to be noted that the Rule applied only to a Woman Government Servant when the provision was brought into existence. Later, it was amended to include single male Government Servants also.

  2. A total Child Care leave period may be granted for a total of 2 years, i.e., 730 days, and the salary to be paid must be equal to the pay drawn immediately before the leave.

  3. That CCL is not detrimental to any other leave and is to be granted in addition to any other kind of leave.

  4. Clarification in (4) that the CCL may be available in more than one spell means that the general practice is to grant the 730 days leave in continuation.

  5. That the CCL is granted shall only be for the first two children and not for subsequent children.

This last part is a result of predecessor orders and notifications by DoPT, Govt. of India[1]. In the circular dated 29th September 2008, it was notified that the CCL might be granted only for two surviving eldest children.

In the case of Kakali Ghosh v. Chief Secretary, Andaman a