NEW DELHI: The Supreme Court of India on Tuesday urged the Centre to introduce a law recognising paternity leave as a social security benefit, underscoring the often-overlooked role of fathers in early childcare.
A bench of Justices J B Pardiwala and R Mahadevan observed that caregiving responsibilities have historically been placed almost entirely on mothers. While acknowledging the central role of mothers in a child’s development, the court said ignoring a father’s contribution is both incomplete and unjust, adding that society has normalised a subtle but persistent form of inequality.
The observations came as the court struck down a provision in the Code on Social Security that denied maternity leave to women adopting children older than three months. It noted that a father’s absence during a child’s formative years—often due to work constraints—limits early bonding opportunities.
The court suggested framing a law on paternity leave along the lines of the CCS (Leave) Rules, which currently allow male government employees 15 days of leave for childbirth or adoption.
Emphasising that parenting is a shared responsibility, the bench said the traditional acceptance of a father’s limited role in infancy has rarely been questioned. This, it noted, affects not just children and fathers, but also mothers, who are often left without adequate support during early caregiving.
The court further said the absence of paternity leave reinforces gender stereotypes and deprives willing fathers of a meaningful role in raising their children. Granting such leave, it added, would enable fathers to support mothers and share family responsibilities more effectively.
Urging the government to act, the court said paternity leave should be recognised as a social security measure, with its duration determined based on the needs of both parents and the child.
