Child Care Leave: Will Men Also Get 730 Days Off? What Did the Calcutta High Court Say?
Child Care Leave: At a time when there is so much discussion about equal rights for men and women, a Calcutta High Court verdict in an important case has sparked a new debate. Are male government employees entitled to 730 days of Child Care Leave like women? This report highlights the tussle between the state government and the judiciary over this question.
Background of the Case
The case originated from a verdict by Justice Amrita Sinha of the Calcutta High Court. She had ruled against gender discrimination, stating that men should also be entitled to leave for childcare. However, when the state government did not comply with the order, a contempt of court case was filed against the Additional Chief Secretary of the Finance Department. The petitioner in this case was a single father who had applied for this leave to take care of his child.
The State Government’s Argument
The state government is unwilling to introduce a policy of 730 days of Child Care Leave for men. The main reasons behind their decision are:
- Number of Employees: The number of male government employees in West Bengal is much higher than that of female employees.
- Administrative Gridlock: Granting long-term leave to such a large number of male employees would make it virtually impossible to keep government work, especially services in schools, colleges, and other departments, running smoothly. This could also hinder the state’s development work.
- Difference from Central Policy: The state government has stated that while the central government has a paternity leave policy for its male employees, it is not possible for the state to follow it at this moment.
The High Court’s Observation and Verdict
Although the court was not satisfied with the state government’s gender-discriminatory argument, it adopted a middle ground considering the current situation. The court’s observations are:
- Acknowledgement of Reality: The court acknowledged that it is indeed difficult for the state to implement a policy of 730 days of Child Care Leave for all male employees at this moment.
- Assurance for the Future: The state government has assured the court that it will consider adopting a policy on Child Care Leave for male employees in the future and will try to follow the central government’s policy.
- Special Arrangement for the Petitioner: While dismissing the contempt of court case, the court directed the original petitioner, a single father, to apply specifically to the Principal Secretary of the School Education Department. The Principal Secretary has been directed to consider his case and make an exceptional decision within two weeks.
As a result of this verdict, the door to 730 days of Child Care Leave for all male government employees in the state remains closed for now. However, it has opened up a new possibility for the future. The humanitarian approach shown by the court in the petitioner’s case is undoubtedly commendable. Now it remains to be seen when the state government moves towards implementing this important policy for all male employees. This case has given rise to an important discussion on gender equality and workplace policy-making, which will remain relevant in the days to come.
