The Madurai Bench of the Madras High Court emphasized the urgent need for policymakers to recognize paternity and parental leave as fundamental human rights for both biological and adoptive parents. The court’s observations came while overturning a desertion order against a police inspector, B Saravanan, who had taken unauthorized leave for his wife’s delivery. Justice L Victoria Gowri stated that a child’s right to life and healthy development falls under Article 21, guaranteeing the right to seek paternity leave to support a spouse’s childbirth.
Given the decline of joint family systems and the unprecedented challenges faced by nuclear families, the court stressed the importance of acknowledging paternity leave as a basic human right for pre-natal and postnatal children. The court directed the DIG to reconsider the order against Saravanan, allowing him time to explain his situation. Additionally, Saravanan was instructed to present medical records of his wife and a letter of apology, while the DIG was tasked with reviewing the case and making suitable decisions regarding the inspector’s reinstatement.
Saravanan had initially challenged the cancellation of his paternity leave, which he had sought for his wife’s delivery. Despite receiving short leave approval from the DIG, he couldn’t return to work due to his wife’s delivery. This led to the order passed by the DIG that was later overturned by the court.
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