Government Should Extend Child Care Benefits To Male Employees Also: Calcutta High Court
|The Calcutta High Court observed that the Government of West Bengal should extend similar child care benefits to male employees as has been done in the case of female employees.
The bench of Justice Amrita Sinha observed, “The responsibility of maintaining a family should be shared equally both by the mother and the father.”
Advocate Samim Ahammed appeared for the Appellant and Advocate Ratul Biswas appeared for the Respondent.
Brief Facts-
The Petitioner is a teacher in a primary school. He has two minor children. His wife passed away a couple of months back. He has school-going children and there is no one to take care. For taking care of his children and for their physical, educational and emotional development, he intended to avail the benefit of the Child Care Leave.
The Court observed, “Natural guardian of a Hindu minor under the Hindu Minority and Guardianship Act, 1956 in the case of a boy or an unmarried girl is the father and after him the mother.”
The Court said that the young children have lost their mother and they would require the presence and the assistance of their father during their developing age and in their adolescence.
The Court noted the submission made by the Appellant showing the extension of child care leave to 730 days for females and observed, “the Government should take a decision to extend similar benefits to the male employees as has been done in the case of the females.”
While noting that granting such benefits would be a policy decision of the State Government the Court directed the Principal Secretary, Government of West Bengal to decide the matter keeping in mind the issue of equality and to erase gender discrimination.
Accordingly, the Court disposed of the Writ Petition.