The Calcutta High Court on Monday said that the West Bengal government should take a decision to extend equal child care benefits to male employees as the ones available for females.

The court said it should take a decision in the matter keeping in mind the issue of equality and gender discrimination.

Observing that the responsibility of maintaining a family should be shared equally by the mother and the father, the court said time has come when the state government should treat its employees equally without any discrimination between the male and female employees.

Passing the order on a petition by a primary school teacher, Justice Amrita Sinha said the government should take a decision to extend similar benefit of 730 days' child care leave to the male employees, as has been done in the case of females.

The court said since granting of such benefits would be a policy decision of the state government, accordingly the joint secretary of the finance department was directed to take a decision in the matter, keeping in mind the issue of equality and gender discrimination.

Petitioner Abu Raihan, a primary school teacher in North 24 Parganas district, prayed for extension of child care leave to him as his wife died a couple of months back, leaving behind two minor school-going children. He stated that there is no one else to take care of the children apart from him.

Disposing of the petition of Raihan, the court directed that a decision be taken by the concerned authority on his representation within three months, holding that a reasoned order be passed and communicated to him.

His lawyer Shamim Ahmed submitted that for taking care of the children and for their physical and emotional development, Raihan, a teacher in a government-sponsored primary school, wants to take the benefit of the child care leave.

He stated that in a memo in 2016, the West Bengal government introduced child care leave for 30 days for male employees.

Contending that 30 days will not be enough for him to take care of his children, Ahmed referred to another 2015 memo of the state government, vide which a maximum period of two years or 730 days, as child care leave, has been extended to female employees.

The petitioner's lawyer submitted that as he is a widower and a single parent, the benefit of 730 days' child care leave ought to be extended to him.

He claimed that the memos are discriminatory and gender-biased.

Justice Sinha observed that when the Constitution speaks of equality, the state government should rise to the occasion and encourage equality in all respects.

Holding that the idea of only the women taking care of their children should not be encouraged, the court said both parents should be responsible for taking care and development of their children.

The court noted that the petitioner referred to the Juvenile Justice Care and Protection of Children Act, 2015, where the guardian has been described to include both the male and female parents.

It also noted the petitioner referred to a notification of the Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training) of December 11, 2018, vide which child care benefits have been extended to the male employees also for a maximum period of 730 days during their entire service for taking care of two eldest children.

Submitting that the benefits granted to female employees are not yet available for males, the advocate appearing for the West Bengal government stated the representation of the petitioner is pending consideration by the concerned authorities.

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