Denying Paternity Leave Violates Child's Right to Life under Article 21; India needs laws on this subject : Madras High Court
The Madras High Court recently provided relief to a State Police officer who had faced a 'desertion' order due to his absence from duty, as he needed to care for his wife during her pregnancy. The court stressed the necessity for paternity leave legislation in India. It highlighted the importance of both parents' roles in prenatal and postnatal care, noting that the current prevalence of nuclear families necessitates recognizing paternity leave as a fundamental human right. The court connected this right to the constitutional provisions safeguarding a child's life and the parents' rights.
The court asserted that paternity leave, while a labor law benefit, is rooted in a child's protection under various constitutional articles. It emphasized a welfare state's duty to ensure proper prenatal and postnatal care for children and stated that granting parental leave aligns with the child's right to life under Article 21. Consequently, the court ruled that denying paternity leave would violate the child's right to life.
In this specific case, the petitioner's wife underwent In Vitro Fertilization (IVF), prompting the petitioner to seek paternity leave. Despite initial approval, the leave was revoked due to local issues. The petitioner's wife gave birth later than expected, causing his absence from duty. The court considered IVF's high-risk nature and the need for attentive care, leading to the absence being justified. It annulled the 'desertion' order and instructed the police department to reconsider the petitioner's case and reinstate him as an Inspector of Police within four weeks.