“Recognise Fathers as Caregivers”: SC asks Centre to introduce Law on Paternity Leave

On Tuesday, the Supreme Court called upon the Union government to consider bringing in a legal framework that recognises paternity leave as a social security benefit, highlighting the evolving role of fathers as equal participants in childcare. In doing so, the Court emphasises a broader shift towards recognising shared parenting responsibilities, signalling a more progressive approach to caregiving under Indian law.

The issue arose in proceedings where the Court was examining provisions relating to maternity benefits, particularly those affecting adoptive mothers. While addressing inequalities in parental benefits, the Court noted the absence of any structured legal recognition of paternity leave in India. The matter stemmed from a public interest litigation challenging restrictions on maternity benefits, which also brought into focus the need for a more inclusive framework that acknowledges both parents in early child care. The absence of statutory backing for paternity leave, despite evolving family roles, became a central concern during the hearing.

The Court observed that caregiving responsibilities are not confined to mothers alone and must be shared. It stated, “We urge the Union to come out with a provision recognising paternity leave as a social security benefit,” adding that the duration and structure of such leave should be calibrated to meet the needs of both the parent and the child.

The Court stressed that recognising fathers as active participants in childcare is essential to achieving substantive equality in family law. While leaving the specifics to the legislature, the Court called for a progressive approach that reflects contemporary social realities.

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