The Calcutta High Court has urged the West Bengal government to consider extending the same child care benefits to male employees, as is currently available to female employees. The Court highlighted the importance of addressing issues of equality and gender discrimination, emphasising that both parents should share the responsibility of maintaining a family.
The matter was brought before the HC by a primary school teacher from North 24 Parganas district. He sought child care leave following the death of his wife.
The petitioner, now a single parent, argued that the current provision of 30 days of child care leave for male employees is insufficient, urging that the 730 days’ leave available to female employees should also be extended to male employees.
The High Court acknowledged the petitioner’s claims of gender bias and pointed out that the state’s policies should reflect constitutional principles of equality. The HC noted that in 2015, the West Bengal government introduced a memo granting female employees up to 730 days of child care leave, while a 2016 memo provided only 30 days of leave for male employees.
The HC also referred to the Juvenile Justice Care and Protection of Children Act, 2015, which recognises both parents as guardians, and a 2018 notification from the Ministry of Personnel, Public Grievances and Pensions that extended child care benefits to male employees for up to 730 days.
The High Court directed the state’s finance department to make a decision on the matter, urging the government to adopt a policy that treats male and female employees equally in terms of child care leave. The HC ordered that a decision should be made within three months and communicated to the petitioner, ensuring that a fair order is passed.
