SC to Govt: Introduce Paternity Leave recognising shared Parenting and Child Welfare

The Supreme Court has urged the Union Government to introduce legislation granting paternity leave, highlighting the importance of shared parenting and early child care. The bench emphasised that the duration of such leave should cater to the needs of both parents and the child, signalling a shift towards gender-equitable workplace policies in India.

The recommendation arose during a case challenging Section 60(4) of the Social Security Code, 2020, which limited maternity leave for adoptive mothers to children under three months of age. The Court held this restriction unconstitutional, ruling that adoptive mothers are entitled to 12 weeks of maternity leave regardless of the child’s age.

In its observations, the bench stressed the evolving role of fathers in childcare and the absence of statutory recognition for paternity leave in India. By linking legal protections to broader social welfare objectives, the Court signalled the need for policies that promote shared parenting and support women’s continued workforce participation.

The bench, comprising Justice JB Pardiwala and Justice R Mahadevan, urged the government to draft a law recognising paternity leave as a social security benefit. Justice Pardiwala stated, “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.” 

The Court read down Section 60(4) to allow adoptive mothers full maternity leave and highlighted the policy gap regarding fathers’ rights and involvement in early childcare.

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