Courts for the Caregivers: Calcutta HC Accelerates Creche Operationalization

In a significant move toward improving workplace infrastructure, the Calcutta High Court has issued a series of peremptory directions to ensure that a long-awaited crèche facility within the High Court premises becomes fully operational. The bench, led by Chief Justice Sujoy Paul and Justice Partha Sarathi Sen, emphasized that the provision of child-care support is not a mere bureaucratic formality but a necessity for the judiciary.

The Path to Provision

The ongoing public interest litigation (PIL), Atasi Ghosh & Ors. v. State of West Bengal & Ors. , has served as a catalyst for establishing essential child-care support within judicial premises. Although a crèche facility had been conceptually approved by the then-Chief Justice on April 7, 2022, physical and administrative bottlenecks—ranging from the installation of safety grills to the appointment of medical personnel—had delayed its opening.

During the proceedings, the court identified three primary deficiencies: the absence of protective window grills, the lack of dedicated professional staff, and the non-publication of governing operational guidelines.

Arguments and Judicial Oversight

Representing the High Court Administration, counsel acknowledged that while the government had previously sanctioned two doctors and one nurse for the crèche, these individuals had not yet reported for duty. The State, through the Additional Government Pleader, Shri Jahar Lal De, stepped forward to bridge this gap, committing to ensure that the necessary safety installations and the deployment of qualified medical staff would be completed before the facility opens its doors.

The petitioners underscored that the objective of this PIL extends beyond the walls of the High Court. They argued that the necessity for childcare services is equally acute in the district judiciary, urging the court to cast a wider net over judicial infrastructure across the state.

Key Observations

The High Court’s frustration with the slow pace of implementation was tempered by their proactive role in setting strict timelines:

Regarding the operational documents: "The High Court Administration shall put the approved guidelines for operation of crèche on its website within three weeks from today."

Regarding infrastructure safety: "The PWD shall ensure fixation of aluminum grills in the crèche wherever it is required, within two weeks from today."

Regarding the duty of the State: "It shall be the duty of the State to provide two doctors and one staff nurse as per their e-mail dated 7th August, 2021, and such staff must report to High Court Administration a day before opening of the crèche."

Regarding finality: "The Registry of this Court shall ensure that the crèche becomes functional within 30 days from today."

Expanding the Horizon

Acknowledging the petitioners' broader concern for the district courts, the Bench decided to broaden the scope of the inquiry. The High Court Administration has been granted three weeks to file a fresh affidavit detailing the status of crèche facilities across the district judiciary. This move signals a potential regional transformation in how judicial institutions provide support for their workforce, setting a precedent that administrative infrastructure must keep pace with judicial development.

By setting these concrete deadlines, the Calcutta High Court has ensured that policy commitments are translated into tangible facilities, ultimately fostering a more inclusive and supported professional environment. The matter is set for further review upon the filing of the status report regarding the district-level facilities.