Justice L Victoria Gowri of the Madras High Court declared that paternity leave is a basic human right of a child during its pre natal/post natal stage and it has to be taken care of by policymakers.
This case involved the matter of Mr. Sarvanan , a police inspector who works in Tamil Nadu’s Tenkasi district who applied for a 90 day paternity leave in lieu of his wife’s delivery due to a complex IVF treatment procedure which was initially approved and later revoked , a day before he was set to start with his paternity leave period. He approached the High Court which allowed him to extend his leave period but this was succeeded by a desertion notice against him by the police authorities which led him to approach the High Court again.
The Court observed that the role of the mother and father are essential for the survival and growth of a child from the prenatal to the postnatal stage and emphasised upon the duty of the state to guarantee proper healthcare for the child . Granting of paternity leave to biological/adoptive parents ensures that child’s right to protection of life is a guarantee under Article 15(3) and Article 21 of the Constitution Of India which would eventually lead to their productive development in life.
Written by Parvati Arun, intern at Legal Vidhiya
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