Equality between men and women is, and ought to be, a basic norm of a civilised society. This equality presupposes equal laws and opportunities for both. Although there should not be a categorisation of man and women for dealing with social issues but at times it becomes essential. I personally think that the discussions of male superiority and feminism are proceeding in the wrong directions and are misleading. This comparison of male superiority or feminist theories is not only unethical but equally a fruitless exercise. To put the matters straight there is nothing which shows one gender is important or superior to other though due to the patriarchical pattern of the society women are discriminated in many segments of the life. That is wrong and should be stopped as soon as possible. In my personal opinion man and woman are two wings of a bird, known as life, and if you take away one it cannot fly. Thus, human beings cannot survive in the absence of either. This should be sufficient to eradicate the “evil of superiority” prevailing in the mind of either gender. In this background I wish to explore the right to fatherhood of the husband.

The right to fatherhood can be traced under Article 21 of the Constitution of India. Article 21 of the Constitution provides the right to life or/and personal liberty to all persons. The right to life includes a right to live in a dignified and decent manner. The right to life also includes the right to have a “continued generation” through legitimate methods. The expression legitimate method here means an issue through a lawful and legal wedlock. The primary issue is can either party has a dominating say over the issue of carrying on a child or its abortion. For instance, a father should not insist on abortion of the child when the mother is willing to give birth to it. Similarly, a mother cannot abort the child if the father is against such abortion. This is, of course, subject to the condition that other surrounding circumstances are normal. One cannot in the zeal of a child put the life and safety of his spouse at stake. If there is a possibility of danger to the life of the mother then it is neither logical nor humanistic to carry on with the child birth. Thus, the issue boils down to a single question, i.e. whether a father has a right to fatherhood if his wife is pregnant.

As discussed above, the right to fatherhood is a part and parcel of Article 21 of the Constitution of India. The right to life also includes a “continued generation” by legitimate means. Thus, right to fatherhood/motherhood can be regulated only by valid justifications and not by mere wishes of the other spouse.