The Madras High Court on Monday, August 21, emphasised the need for paternity leave legislation in the state of Tamil Nadu and called for the need to recognise leave as a basic human right of pre-natal as well as post-natal children. Refusing paternity leave to a father would amount to violation of Article 21 of the Constitution of India, the court said.
In the case of B. Saravanan vs the Deputy Inspector General of Police in Tamil Nadu, the court granted relief to a police officer against whom a desertion order was passed by his department on account of his absence from service.
"It is high time for policy makers to recognise the right to paternity leave/parental leave to the biological/adoptive parents, as the basic human right of the respective pre-natal/post-natal child," the order stated.
The high court added that the Tamil Nadu police inspector, B. Saravanan, had sought leave to take care of his pregnant wife and later of his new-born child born through in vitro fertilisation (IVF).
"Women undergoing IVF procedure, need complete attention and holistic care for a risk-free delivery. Hence, the petitioner, apart from serving his post, was also in a compulsion to give special care to his pregnant wife at that point of time," the high court stated.
"A welfare state is at the bounden duty to provide the foetus with a dignified pre-natal care and the child with proper health care, hygiene and sanitation in the post-natal care days. Perhaps grant of maternity/paternity leave to the biological parents and paternal leave to the adoptive parents is to ensure proper pre-natal/post-natal care, upholding the child’s right to protection of life as guaranteed under Article 21 of the Constitution of India," it added.
An inspector of police at Kadayam Police Station in Tenkasi District, Sarvanan applied for paternity leave from May 1, 2023, to July 29, 2023 — a period of 90 days.
After initially granting him the leave, the concerned superintendent of police (SP) cancelled it a day before his leave period commenced.
After the high court's intervention in the issue, he was allowed to stay away from police duty till May 15 and make a fresh representation for leave. He was granted leave only from May 1-30. His son was born on May 31.
However, due to the critical condition of his wife, Sarvanan demanded more leave from the department, but was refused. H was later issued a desertion notice on June 22 due to his absence, leading to his suspension.
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