The Supreme Court of India on Tuesday urged the Union Government to introduce legislation recognising paternity leave as a social security benefit. The Court emphasised that lawmakers should determine the duration of such leave in a manner that addresses the needs of both parents and the child.
A Bench comprising Justice JB Pardiwala and Justice R Mahadevan made the observation while deciding a challenge to the constitutional validity of a statutory provision that limited maternity leave for adoptive mothers to cases where the adopted child was below three months of age.
Challenge to Social Security Code Provision
The case concerned Section 60(4) of the Social Security Code, 2020, which granted 12 weeks of maternity leave to adoptive mothers only when the adopted child was below three months old.
The petitioner challenged the restriction as unconstitutional.
Supreme Court Holds Restriction Unconstitutional
After examining the provision, the Bench held the restriction unconstitutional.
The Court read down Section 60(4) and clarified that a woman who legally adopts a child is entitled to 12 months of maternity leave irrespective of the age of the adopted child.
Court Calls for Paternity Leave Framework
While delivering the judgment, Justice JB Pardiwala urged the Union Government to introduce a statutory framework recognising paternity leave as a social security benefit.
The judgment states:
“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.”
Significance of Paternity Leave
Paternity leave allows a father to take paid or unpaid leave after the birth or adoption of a child. This period enables fathers to participate in early childcare and support the mother during the immediate postnatal phase.
Shared Parenting and Gender Equality
The concept recognises parenting as a shared responsibility. The presence of both parents during the early stages of a child’s life contributes to improved developmental outcomes.
Recognition of paternity leave also promotes gender equality by encouraging a more balanced distribution of caregiving responsibilities and supporting women’s continued participation in the workforce.
Existing Maternity Leave Provisions in India
Indian law currently does not recognise paternity leave.
However, the legal framework grants maternity benefits to women employees. Women with fewer than two surviving children may avail 26 weeks of paid maternity leave, while women with two ormore children may avail 12 weeks of paid maternity leave. The law also allows up to eight weeks of leave before delivery.
Case Details
The ruling came in W.P.(C) No. 960/2021, titled Hamsaanandini Nanduri v. Union of India.
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