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Context:
- The recent Supreme Court judgment, delivered by a bench headed by Chief Justice of India D Y Chandrachud, addresses a critical issue plaguing the Indian workforce: the underrepresentation and challenges faced by women.
- Against the backdrop of persistent gender disparities and the need for gender-sensitive policies, the judgment underscores the constitutional imperative of ensuring women's equal participation in the workforce.
Key Points from the Judgment:
- The crux of the judgment revolves around the interpretation of Article 15 of the Constitution, which prohibits discrimination on grounds of gender and empowers the state to make special provisions for women.
- Chief Justice Chandrachud emphasized that women's participation in the workforce is not merely a privilege but a constitutional entitlement.
- The case in question involved an assistant professor in Government College, Nalagarh, who was denied childcare leave (CCL) to attend to her child's genetic condition.
- The employer's argument, based on the state's discretion in adopting the policy, was countered by highlighting the constitutional mandate to address the specific concerns of women in the workforce.
Context of Low Women's Workforce Participation:
- The judgment comes at a crucial juncture when concerns about the low participation rate of women in the Indian workforce have gained traction.
- Despite advancements in various sectors, the representation of women in formal employment remains disproportionately low.
- Recognizing the significance of childcare services in bolstering women's participation in paid work, both state and central governments have acknowledged the pressing need for comprehensive support systems.
Challenges Faced by Women in the Indian Workforce:
- Women in India grapple with the daunting task of managing the triple burden of housework, care work, and paid employment.
- The disparity in time spent on unpaid domestic and care work, as highlighted by the Time Use Survey of India 2019, underscores the unequal distribution of responsibilities between genders.
- Socially and economically marginalized women face exacerbated challenges, often compelled to navigate through "marriage penalties" and "motherhood penalties" that force temporary withdrawal from the workforce.
Implications and Recommendations:
- The judgment serves as a clarion call for systemic reforms aimed at fostering gender equality in the workforce.
- It underscores the imperative for robust childcare provisions and support mechanisms to enable women to participate and thrive in the workforce.
- Additionally, there is a pressing need to challenge traditional gender roles and perceptions surrounding care responsibilities, recognizing care as a collective societal obligation rather than solely the burden of women.
Constitutional Provisions and Evolution of Childcare Policies
The Constitutional Mandate:
- The Indian Constitution empowers the state to enact special provisions for the welfare of women and children, recognizing their unique needs and vulnerabilities.
- This constitutional framework lays the foundation for inclusive policies aimed at promoting gender equality and social justice.
Sectoral Labour Laws and Childcare Provisions:
- Historically, sectoral labour laws addressed specific needs of workers in different industries.
- These laws mandated childcare services and paid maternity leaves for workers in sectors such as construction, beedi, cigar and other factories, plantations, and migrant labor.
- Crucially, these provisions included the establishment of crèches on worksites, catering to the needs of female workers.
Challenges in Implementation:
- Despite the existence of these progressive laws, implementation remained a challenge.
- Annual reports from the Ministry of Labour and Employment indicated that the mandated childcare services were rarely implemented effectively.
- This gap between policy intent and implementation underscored the need for reforms to ensure the practical realization of women's rights in the workforce.
Transformation under the Labour Code on Social Protection, 2020:
- The introduction of the Labour Code on Social Protection, 2020 marked a significant milestone in the evolution of childcare policies in India.
- Under this code, crèches were transformed into a gender-neutral entitlement, emphasizing care as a shared parental responsibility rather than solely a concern for women.
- This shift in perspective reflects a progressive approach towards addressing gender stereotypes and promoting gender equality in caregiving roles.
Limitations and Challenges:
- Despite the progressive nature of the transformation, certain limitations persist.
- The entitlement to childcare facilities is limited to employees of establishments with 50 or more employees, excluding a significant portion of women who are part of informal production processes.
- This exclusionary criterion highlights the need for a more inclusive approach to childcare provisions, ensuring equitable access for all women regardless of their employment status or sector.
Childcare Initiatives and Gender Equality in India
Crèches under Welfare Programmes:
- Despite the recognition of the importance of childcare, initiatives such as the National Crèches Scheme have remained underfunded and limited in scope.
- These schemes aimed to provide essential childcare services but faced challenges in implementation due to resource constraints and limited outreach.
Mission Shakti and the Palna Scheme:
- Under the Mission Shakti project, the Ministry of Women and Child Development introduced the Palna Scheme, offering options for state governments to establish standalone crèches or convert Anganwadi centres into crèches.
- This initiative aims to expand access to childcare facilities and address the unmet needs of working parents, particularly women.
State Initiatives:
- Several states, including Haryana, Karnataka, Odisha, and Assam, have taken proactive steps to implement childcare initiatives.
- Efforts to introduce Anganwadi centre-cum-crèches demonstrate a commitment to enhancing childcare infrastructure and support systems for working families.
Need for Institutionalization and Funding:
- While these endeavours are commendable, there is a pressing need to institutionalize these initiatives and ensure sustained funding.
- A committed budget allocation is essential to scale up childcare services and reach underserved populations effectively.
Collective Responsibility and Gender Equality:
- The patriarchal history of childcare underscores the importance of viewing care as a collective responsibility shared by the state, employers, and communities.
- Recognizing the role of women as primary earners, labor markets need to facilitate their full participation in employment by providing adequate support systems, including childcare facilities.
Economic Implications and Potential:
- Research suggests a strong correlation between women's labor force participation and the equitable sharing of unpaid care work responsibilities.
- Increasing women's participation in the workforce can lead to significant economic gains, as evidenced by the IMF's prediction of a 27% alleviation in India's GDP with equal participation of women in the labor force.
Conclusion:
- In conclusion, childcare initiatives play a crucial role in promoting gender equality and economic development.
- By institutionalizing and adequately funding these initiatives, India can create a more inclusive and supportive environment for working families, ultimately contributing to sustainable growth and prosperity.
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PRACTICE QUESTION
Q. Examine the imperative of regarding child care as a shared responsibility among the state, employers, and communities. Discuss the roles each stakeholder plays and evaluate the benefits and challenges of this collaborative approach for societal advancement.
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