Unlock the Legal Power of Electronic Signature Legitimateness for Pregnancy Leave Policy in India

How to eSign a document: electronic signature legitimateness for Pregnancy Leave Policy in India

[Music] Madras high court has recently made a significant decision underlining the necessity for enacting paternity leave legislation in India this case involved a state police officer who was issued a desertion order by his Department due to his absence from Duty his absence was due to his responsibility of caring for his expecting wife this is a significant update because the Court's ruling emphasizes the crucial role of both the parents during the prenatal and postnatal phases of a child's life in recognizing the challenges faced by nuclear families the court stressed the urgency for policy makers to establish the rights to paternity leave or parental leave as a fundamental human right for biological and adoptive parents this right is seen as a natural extension of the child's entitlement to protection under Articles 21 and 15 3 of the Indian constitution the quote also highlighted that although paternity leave might be considered a labor law benefit It ultimately originates from the child's inherent right to be safeguarded as outlined in articles 14 15 3 and 21 of the Constitution the course perspective centers on the responsibilities of a welfare state in ensuring dignified prenatal care and proper postnatal Health hygiene and sanitation for both the fetus and the child by recognizing the significance of granting maternity and paternity leave to biological and adoptive parents the court argues that such measures uphold the child's Right to Life protection as enshrined in article 21. consequently the court concluded that the refusal of the police department to Grant paternity leave to the petitioner would constitute a violation of the child's constitutionally guaranteed right to life we're talking about the matter to give a better understanding of the issue the petitioner's wife became pregnant using the in vitro fertilization that is the IVF method so he requested paternity leave from May 1st 2023 to July 29 2023 that is for 90 days the leave was initially approved on April 25 but later canceled on April 30 due to local Law and Order issues because the expected delivery date was May 30 the petitioner asked to extend his leave from May 1st to June 15. he was allowed to leave only until May 30. however his wife gave birth on May 31 and he could not return to work on that day he sent a WhatsApp message to his supervisor explaining his situation as his wife was in critical condition preventing him from going in person to ask for extended leave on June 22 he got a desertion order this order told him to appear before a higher ranking police official within 60 days to explain why he did not show up to work on May 31 and why he was absent without leave to challenge this order the petitioner filed a Ripley in the high court well as a result of all of this the high court has made some important observations first of all the bench of Justice L Victoria gauri noted that this case was unique a responsible husband requested paternity leave to take care of his wife during a complex delivery through IVF treatment the court believed that the competent Authority should have granted him leave from May 1st to June 15. while giving importance to the child well-being the court further observed that the constitution of India includes fundamental rights and directive principles for State policy emphasizing child welfare and protection the court said that a child's development starts from the prenatal care and continues until they reach adulthood hence providing maternity or paternity or parental leave to parents would support proper prenatal and postnatal Care aligning with a child strike to life under article 21 of the Constitution the court stated that the petitioner's right to take paternity leave for attending his wife's delivery was justified by his child's right to a safe and healthy life as guaranteed by article 21 of the Constitution it also recognized that IVF is a high risk pregnancy procedure a woman undergoing IVF needs special attention for a safe delivery this meant the petitioner had to take care of his pregnant wife justifying his absence from work given these points the court canceled the desertion order the court believed that this decision supported the petitioner's child's right to life and protection under article 21. the court directed the deputy Inspector General of police to reconsider the order they extended the time given to the petitioner to explain his absence by 15 more days the court further ordered the deputy Inspector General of police to review this case with empathy and make suitable decisions the petitioner should be reinstated as an inspector of police at the concerned police station within four weeks all in all we can conclude that the high court acknowledged the petitioner's responsibility as a husband and the significance of Parental leave in cases involving complex medical procedures like IVF the court ensured that the child's well-being and the petitioner's rights were respected leading to questioning of the desertion order and providing for the petitioner's reinstatement this brings us to the end of this video we really hope that you like our content and if you do then do not forget to like And subscribe to our Channel now you can also become a member by donating rupees 89 per month thank you