Bring Law Recognising Paternity Leave : Supreme Court Urges Union

The Supreme Court on Tuesday urged the Union Government to bring a law recognising paternity leave as a social security benefit. The Court observed that the duration of the leave must be determined to suit the needs of both the parents and the child.A bench comprising Justice JB Pardiwala and Justice R Mahadevan made this recommendation in a case concerning the constitutionality of the provision restricting maternity leave to adoptive mothers only if the age of the child is below 3 months.The bench held that Section 60(4) of the Social Security Code, 2020, which allows maternity leave of 12 weeks to an adoptive mother only if the child is below the age of 3 months, is unconstitutional. Reading down the provision, the Court declared that a woman who legally adopted a child was entitled to maternity leave of 12 months regardless of the age of the adopted child."On the need of paternity leave, we urge the Union to come up with a provision recognising paternity leave as a social security benefit. We emphasise that the duration of such leave must be determined in a manner that is responsive to the needs of both the parents and the child," Justice Pardiwala stated in the judgment.Paternity leave refers to a period of paid or unpaid leave granted to a father following the birth or adoption of a child, enabling him to participate in early childcare and support the mother during the immediate postnatal phase. The concept is rooted in the recognition that parenting is a shared responsibility and that the presence of both parents in a child's early life contributes to better developmental outcomes. It also serves a broader equality objective by challenging traditional gender roles that confine caregiving to women, thereby promoting a more balanced division of domestic responsibilities and facilitating women's continued participation in the workforce. India does not recognize paternity leave yet, though paid maternity leave up to 26 weeks is permissible for women. The law provides for 26 weeks of paid maternity leave for women with fewer than two surviving children, and 12 weeks for those with two or more children, with up to 8 weeks permissible before delivery. Paternity Leave Essential For Child Development, Gender Equality: Supreme Court In the judgment, the Court underscored the need to recognise paternity leave as a vital component of child welfare and gender equality, observing that the traditional allocation of caregiving responsibilities exclusively to mothers reflects a deeply embedded but often unexamined form of “invisible injustice” in society.In a significant set of observations, the Court noted that while mothers have historically been seen as primary caregivers, the role of fathers in a child's emotional, psychological, and developmental growth is equally important. Parenthood, the Court emphasised, is a shared responsibility, and the absence of fathers during the early formative years of a child cannot be treated as natural or inconsequential.Highlighting the critical nature of early childhood, the Court observed that the first few months and years are foundational for building emotional bonds, attachment, and a sense of security. The presence of a father during this stage, it said, contributes meaningfully to a child's development and cannot be substituted or deferred to later stages. The notion that fathers can compensate for early absence through limited engagement, such as weekends, was rejected as inadequate.The Court further pointed out that societal and professional structures have long confined fathers to the role of financial providers, thereby sidelining their participation in caregiving. It stressed that mere physical proximity without active involvement does not amount to meaningful parental presence.Addressing the legal framework, the Court noted that the absence or inadequacy of paternity leave reinforces gender stereotypes and deprives fathers of the opportunity to participate in early childcare, even where they are willing to do so. Recognising paternity leave, it observed, would enable fathers to support mothers, share household responsibilities, and actively engage in nurturing their children."The absence of paternity leave produces two consequences. First, it reinforces gendered roles in parenting. Secondly, even where a father is willing and desirous of contributing, he is left without a meaningful opportunity to do so. When fathers are afforded the opportunity to take leave following the arrival of the child, they are able to support mother and share family responsibilities. This support extends to participating in the upbringing and caregiving of the child, assisting with household responsibilities, and remaining emotionally present during this demanding phase."The Court held that provisions for paternity leave serve multiple purposes: they promote gender equality within both the family and workplace, encourage a balanced understanding of parenting, and advance the best interests ...

Bring Law Recognising Paternity Leave : Supreme Court Urges Union

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