Child Care Leave Should Be Given To Both Male And Female Govt Employees, Family Responsibilities Must Be Shared By Mother & Father: Calcutta HC
The Calcutta High Court has directed that the benefit of child care benefit must be extended to both male and female employees and family responsibilities must be shared by the mother and the father.
In considering the case of a man who had two minor children and had lost his wife a few months ago, a single bench of Justice Amrita Sinha held:
"It appears that time has come when the Government should treat its employees equally without any discrimination between the male and the female employees. The responsibility of maintaining a family should be shared equally both by the mother and the father. Natural guardian of a Hindu minor under the Hindu Minority and Guardianship Act, 1956 in the case of a boy or an unmarried girl is the father and after him the mother. The Government should take a decision to extend similar benefit to the male employees as has been done in the case of the females...to erase discrimination."
It was submitted that the petitioner's children were of school-going age and there was none to take care of them apart from the petitioner. To take care of his children and for their physical, educational and emotional development, he intended to avail the benefit of the Child Care Leave.
It was stated that according to Memorandum No.1100-F(P) dated 25th February 2016, the Government of West Bengal introduced the Paternity-cum-Child Care Leave for thirty days in respect of male employees. The petitioner contended that thirty days would not be enough for him to take care of his children.
He referred to the Memorandum No.5560-F(P) dated 17th July 2015 where the benefit of Child Care Leave has been extended to the regular female employees for a maximum period of two years i.e. 730 days.
It was submitted that as the petitioner is a widower and a single parent, the benefit of seven hundred thirty days of childcare leave ought to be extended to him.
It was submitted that the aforesaid two memoranda were discriminatory and when the Constitution spoke of equality, the State Government should encourage equality in all respects.
Counsel representing the State respondents submitted that the benefit which has been granted to female employees is not available for a male employee. It was stated that the representation of the petitioner is pending consideration and the same will be considered in accordance with law.
In directing the relevant state authorities to consider providing parity in childcare leave for both men and women the court held that a decision in the petitioner's case shall be made within 90 days of the order.
Case: Md. Abu Raihan Vs State of West Bengal & Ors.
Case No: WPA 20165 of 2024
Citation: 2024 LiveLaw (Cal) 184