Madurai (Tamil Nadu): Madurai Bench of the Madras High Court while expressing the urgency for dedicated legislation to grant paternity leave to a person during his better half's maternity period. The court's ruling came while hearing a case filed by P Saravanan, a police inspector of Kadayam Police Station in Tenkasi district of the state, against whom a 'desertion' order was passed by his department on account of his absence from service (as he had to take care of his wife who was expecting a child). The court granted relief to the aggrieved police officer in the matter.
In the petition filed before the court, Saravanan had sought leave and wanted to stay with his wife during her delivery. Initially, the leave was granted to Saravanan, but later it was revoked by the Kadayam Police citing a manpower shortage leading to the upkeep of law and order. Subsequently, the petitioner approached the Madurai bench of the Madras High Court to contest the cancellation of his leave.
Highlighting the importance of a father's presence during the birth of a child, the bench headed by Justice L Victoria Gowri observed that various countries around the globe provide leave to both parents during the maternity period, thereby emphasising the pivotal roles that both a mother and a father play in raising a child.
Furthermore, the court said that although the Central Civil Services (leave) rules include provisions for paternity leave, but it remains largely unimplemented across states. The court also pointed out the absence of a specific law in the country that grants paternity leave during the maternity period. Hence, it necessitates legislation to address the issue. The court acknowledges the evolving discourse around paternity leave in India over the past two decades and also highlighted the importance of a father's presence during a child's birth.
