Today, On 12th July, The Calcutta High Court recommended that the West Bengal government take steps to offer equal child care benefits to male employees, aligning them with those available to female employees. This suggestion highlights the court’s push for gender equality in workplace policies, emphasizing that both parents should have access to similar support when it comes to child care.
Calcutta: The Calcutta High Court on Monday emphasized that the West Bengal government should make a decision regarding the extension of equal child care benefits to male employees, similar to those currently available to female employees.
The court highlighted the importance of addressing issues of equality and gender discrimination in this matter.
The court observed that the responsibility of maintaining a family should be equally shared by both parents, and noted that the time has come for the state government to treat all its employees equally, without discriminating based on gender.
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Justice Amrita Sinha, while ruling on a petition filed by a primary school teacher, urged the government to consider providing male employees with the same benefit of 730 days of child care leave that is currently granted to female employees.
The Calcutta High Court emphasized that since extending such benefits involves a policy decision by the West Bengal government, the Joint Secretary of the Finance Department has been directed to make a determination, taking into account the principles of equality and gender discrimination.
This directive issued in response to a petition by Abu Raihan, a primary school teacher from North 24 Parganas district, who requested child care leave following the recent death of his wife, which left him as the sole caretaker of their two minor children.
Raihan, represented by his lawyer Shamim Ahmed, argued that there was no one else available to care for his children and sought an extension of the 730 days’ child care leave, a benefit currently available only to female employees. Ahmed pointed out that while a 2016 government memo granted male employees 30 days of child care leave, it falls short for those like Raihan who need more time to adequately care for their children. He cited a 2015 memo, which allows female employees up to 730 days of child care leave, and argued that the existing policies are discriminatory and gender-biased.
Justice Amrita Sinha, while disposing of Raihan’s petition, directed the concerned authority to make a decision on his request within three months, with a reasoned order to be communicated to him. The court underscored that the Constitution advocates for equality and urged the state government to support gender equality in all aspects.
The court also observed that the traditional notion that only women should care for children should not be promoted, and that both parents share the responsibility for their children’s care and development.
The petitioner also referenced the Juvenile Justice (Care and Protection of Children) Act, 2015, which defines guardians as including both male and female parents, and a 2018 notification from the Ministry of Personnel, Public Grievances, and Pensions, which extended child care benefits to male employees for up to 730 days during their service for the care of their two eldest children.
The advocate representing the West Bengal government noted that Raihan’s request is still under consideration by the relevant authorities.