Refusing Paternity Leave Would Amount To A Violation Of The Right To Life Of The Child Guaranteed Under Article 21 Of The Constitution Of India: Madras High Court

Posted On - 18 September, 2023 • By - King Stubb & Kasiva

The Madras High Court, with Justice L. Victoria Gowri presiding, noted that the rights assured to every child under Articles 21 and 15(3) of the Indian Constitution encompass the fundamental right of biological or adopting parents to avail maternity, paternity, or parental leave. The court ruled that the Police Department’s denial of paternity leave to the petitioner is tantamount to infringing on the child’s right to life, as encompassed under Article 21 of the Indian Constitution. In the present case, the court allowed extension of time for the petitioner to submit an explanation for his unauthorized absence and submit the necessary explanation along with the medical records of his wife and an apology letter. The employer is also directed to consider the case of the petitioner with a considerate mind and pass appropriate orders reinstating the petitioner within a period of four weeks from the date of receipt of copy of the order.[1]

[1] B. Saravanan v Deputy Inspector General of Police, W.P.(MD). No.19561 of 2023