Calcutta HC urges West Bengal Govt to extend Childcare Leave to male employees, advocates for gender equality [Read Order]

Calcutta: The Calcutta High Court has issued a significant order directing the West Bengal government to consider extending childcare leave benefits to male employees, highlighting the need for gender equality in parental responsibilities.

Justice Amrita Sinha heard a petition filed by Md. Abu Raihan, a widowed primary school teacher seeking childcare leave to care for his two minor children following his wife’s recent passing.

The court noted that while female state government employees are entitled to 730 days of childcare leave, male employees are currently limited to only 30 days of paternity-cum-childcare leave.

Emphasizing the need for equality, Justice Sinha observed, “It appears that the time has come for the Government to treat its employees equally, without any discrimination between male and female employees. The responsibility of maintaining a family should be shared equally by both the mother and the father.”

The court directed the Principal Secretary, Government of West Bengal (Finance), to take a decision on the petitioner’s representation within 90 days, keeping in mind the issue of equality and with a view to eliminating gender discrimination.

The court also stated, “The Government should take a decision to extend similar benefits to male employees as has been done for female employees.”

The court referenced a 2018 notification by the central government’s Department of Personnel and Training that extended 730 days of childcare leave to male employees for their two eldest surviving children.

In conclusion, the court stated that granting such a benefit is a policy decision of the State Government. Accordingly, it directed the Principal Secretary, Government of West Bengal (Finance), to take a decision on the matter within ninety days from the date of communication of this order. The court instructed that this decision should keep in mind the issue of equality, aim to eliminate gender discrimination, and address the representation filed by the petitioner.

[Read Order]