SC asks govt to plan law for paternity leave: Here's what top court has said

The Supreme Court of India on Tuesday asked the Centre to consider bringing a law that recognises paternity leave as a social security benefit. The court said the role of fathers in early childcare has been overlooked and needs policy attention. A bench of Justices JB Pardiwala and R Mahadevan said caregiving responsibilities have largely been assigned to mothers, while the role of fathers has not received equal recognition.

"Society has historically attributed caregiving and nurturing responsibilities almost exclusively to mothers. While the role of a mother is undeniably central to a child's emotional, physical, and psychological development, it would be incomplete and unjust to overlook the equally significant role of a father," the bench said.

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The court added that such a pattern has normalised an unintentional form of injustice.

Observations made while hearing maternity leave case

The observations came while the court set aside a provision in the Code on Social Security that denied maternity leave to women adopting children older than three months.

The bench noted that the absence of fathers during a child’s early years due to work commitments affects bonding and shared caregiving.

“Parenthood is not a solitary function performed by one parent but rather a shared responsibility in which each parent contributes to the child’s holistic development. Although the father is present at the periphery of infancy, yet he is not present in the intimate and irreplaceable way that society has always presumed the mother must be. This acceptance of absence has seldom been examined with the seriousness it deserves. As a result, the cost is borne silently by children who grow up never realising what they lacked, by fathers who were constrained by circumstances to remain distant. At the same time, by mothers who were denied the companionship and support of their partners in the early phase of caregiving,” it said.

Suggestion for paternity leave framework

The court suggested that the government may consider framing a law similar to the Central Civil Services (Leave) Rules, which currently provide 15 days of paternity leave to male government employees at the time of childbirth or adoption.

It said the absence of such a policy reinforces gender-based roles and limits fathers from participating in childcare.

“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. ...We urge govt to come up with a provision recognising paternity leave as a social security benefit. The duration of such leave must be determined in a manner that is responsive to the needs of both the parent and the child,” the bench said.

(Source: TOI)