In a significant case highlighting the evolving needs of modern families, Md. Abu Raihan, a primary school teacher and a widower, filed a writ petition (WPA 20165 of 2024) before the Calcutta High Court. Following the untimely death of his wife, Raihan, who is the sole caregiver to his two young children, sought an extension of Child Care Leave (CCL) beyond the 30 days currently provided to male employees under the Government of West Bengalโs Memorandum No.1100-F(P) dated February 25, 2016.
Raihan argued that the existing provision of 30 days CCL for male employees was grossly inadequate, especially for single fathers like himself who are fully responsible for the upbringing and well-being of their children. He contended that the leave policy was discriminatory, especially when compared to the 730 days of CCL granted to female employees under Memorandum No.5560-F(P) dated July 17, 2015.
Legal Issues Involved:
The case brought to the fore several critical legal issues:
1. Gender Equality in Employment Benefits: The primary issue was whether the existing policy of granting significantly longer CCL to female employees over male employees violated the principles of gender equality enshrined in the Constitution of India.
2. Single Parent Rights: The case also raised the question of whether a single father, in the absence of the mother, should be entitled to the same benefits as a mother for the care and upbringing of children.
3. Policy Reform: Whether the state government should reform its policy to reflect modern family dynamics and the equal responsibility of both parents in child-rearing.
Court’s Decision:
The case was heard by Justice Amrita Sinha. The petitioner’s counsel, Mr. Samim Ahammed and Ms. Gulsanwara Pervin, argued that the existing policies were discriminatory and failed to address the changing societal roles. On the other hand, the state’s counsel, Mr. B. P. Vaisya and Mr. Sagnik Chatterjee, acknowledged the pending representation but maintained that the current provisions did not extend the same benefits to male employees.
Justice Sinha observed that the time had come for the government to reassess its stance on gender roles and to implement policies that reflect equality. She noted, โThe responsibility of maintaining a family should be shared equally both by the mother and the father.โ
In her judgment, Justice Sinha directed the Principal Secretary of the Government of West Bengal (Finance) to consider Raihanโs representation within 90 days. The decision should be guided by the principles of equality and the need to eliminate gender discrimination. The court stressed that the welfare of the children, who had lost their mother, was paramount and required the presence and care of their father.
The court concluded by stating that the state government should consider extending similar benefits to male employees as are available to their female counterparts, particularly in cases where the father is the sole caregiver.
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Key Observations of the Court:
– โThe Government should treat its employees equally without any discrimination between the male and female employees.โ
– โThe responsibility of maintaining a family should be shared equally both by the mother and the father.โ
– โThe Government should take a decision to extend similar benefits to the male employees as has been done in the case of the females.โ
