Madras High Court directs TN Police to reinstate inspector who took 'unauthorised' paternity leave

The Madras High Court recently called for the need to recognise paternity leave as a basic human right of pre-natal as well as post-natal children [B Saravanan v. The Deputy Inspector General of Police, Tirunelveli Region].Justice L Victoria Gowri made the observation while directing the Tamil Nadu Police to reinstate an inspector who was penalised for availing 'unauthorised' leave to take care of his wife and new born child. "It is high time for policy makers to recognise 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 Court added that the inspector, B Saravanan had merely acted as a dutiful husband and sought leave to take care of his pregnant wife, and then of his new born child, who was born through the in vitro fertilisation (IVF) method. "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 Court said..The Court noted that paternity leave is not provided in various states in India, including Tamil Nadu, and called for legislation to this end..Sarvanan, an inspector of police at Kadayam Police Station in Tenkasi District of Tamil Nadu, applied for paternity leave for 90 days from May 1, 2023 to July 29, 2023.While such leave was initially granted to him, on April 30, just a day before he was to go on leave, the concerned Superintendent of Police cancelled his leave citing a "cryptic reason." .Sarvanan then approached the High Court, which allowed him to stay away from police duty till May 15 and make a fresh representation for leave. He did so, but was granted leave only from May 1 till May 30. His wife, who was in a critical condition owing to the IVF pregnancy, gave birth on May 31. Sarvanan said he had no choice but to take time off to take care of his wife and child. He sent a written representation to his superiors seeking extension of leave and also sent them WhatsApp messages informing them of the urgency of the situation.Despite this, the authorities on June 22 issued a desertion notice against Sarvanan, suspending him and asking him to give an explanation to the concerned Deputy Inspector General (DIG) for going on unauthorised leave. Sarvanan then filed the present petition in the High Court seeking quashing of the desertion notice and a direction for his reinstatement to his former position..The Court noted that a TN Police Standing Order permitted striking off officers who desert the force or are absent from work without notice or approval for two months or more. However, in the present case, the Court said that the desertion order had been passed as a as a "preliminary measure."It added that such desertion notice or order was in breach of the constitutional right to life of Sarvanan's child. "The role of both the mother and father during the prenatal care and post-natal care days gains importance from the perspective of the child’s right to survive...The right to protection of life guaranteed to every child by Articles 21 and 15(3) of the Constitution of India, culminates in the fundamental human right of the biological parents/adopting parents seeking maternity/paternity/parental leave. Thus, the action of the respondents cancelling and refusing paternity leave to the petitioner would amount to violation of Article 21 of the Constitution of India," the Court said..It thus directed the concerned SP and DIG to give further time to Sarvanan to give an explanation and 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 its order..Advocate R Anand appeared for the Sarvanan. Additional Government Pleader appeared for the police..[Read Order]