Bring law recognizing paternity leave: Supreme Court tells Union
What's the story
The Supreme Court has urged the Union Government to introduce a law recognizing paternity leave as a social security benefit. The court emphasized that the length of this leave should be decided according to the requirements of both parents and their child. This suggestion was made by a bench comprising Justice JB Pardiwala and Justice R Mahadevan while hearing a case related to maternity leave for adoptive mothers.
Maternity leave ruling
SC bench declared Section 60(4) of Social Security Code unconstitutional
The Supreme Court bench struck down Section 60(4) of the Social Security Code, 2020, calling it unconstitutional. This section restricted maternity leave to 12 weeks for adoptive mothers only if their child was under three months old. The court clarified that a woman who legally adopts a child is entitled to maternity leave of 12 months irrespective of the child's age. The bench concluded that the provision was violative of the right to equality under Article 14 of the Constitution.
Leave significance
What is paternity leave?
Paternity leave is a period of paid or unpaid time off granted to fathers after the birth or adoption of a child. It allows them to engage in early childcare and support their partners during the immediate postnatal period. The concept acknowledges parenting as a shared responsibility, with both parents' presence in early childhood leading to better developmental outcomes.
Equality impact
Currently, India has no provisions for paternity leave
India currently does not have any provisions for paternity leave. However, paid maternity leave of up to 26 weeks is permitted for women. The law provides for 26 weeks of paid maternity leave for women with less than two surviving children and 12 weeks for those with two or more children, with up to 8 weeks acceptable before birth.