Supreme Court Urges Centre to Introduce Paternity Leave Law, Calls It Essential for Child Welfare and Gender Equality
The Supreme Court on Tuesday asked the Union Government to bring a law to recognise paternity leave as a social security benefit. The Court said that the duration of leave should meet the needs of both parents and the child. In India, normally men are provided paternity leave of upto 2 weeks only.
Due to nuclear family, raising a child is becoming tough for women alone. Men are provided paternity leave of upto 2 weeks only whereas the first six months are critical for child’s growth. Moreover due to increase in child births due to c-section deliveries, it’s difficult for women to take care of child as someone is needed to take care of them also.
The observation was made by a bench of Justice JB Pardiwala and Justice R Mahadevan. The case was about a law that gives maternity leave to adoptive mothers only if the child is below 3 months of age.
The Court ruled that Section 60(4) of the Social Security Code, 2020 is unconstitutional. This section allowed 12 weeks of maternity leave to adoptive mothers only if the child was under 3 months old. The Court changed this rule and said that any woman who legally adopts a child will get 12 weeks of maternity leave, no matter the child’s age.
Justice Pardiwala said that the government should introduce a law for paternity leave. He added that the leave period should be decided based on the needs of both parents and the child.
Paternity leave means leave given to a father after the birth or adoption of a child. This allows him to take care of the child and support the mother. The Court said parenting is a shared responsibility, and both parents should be involved in raising a child.
At present, India does not have a proper law for paternity leave. However, women can get up to 26 weeks of paid maternity leave. Women with fewer than two children get 26 weeks, while those with two or more children get 12 weeks. Up to 8 weeks can be taken before delivery.
The Court said that not recognising paternity leave creates gender inequality. It also stops fathers from taking part in early childcare, even if they want to.
The Court said that both parents are equally important for a child’s emotional and mental growth. It added that the early years of a child are very important for bonding and development.
The judges rejected the idea that fathers can make up for their absence later. They said that being present in the early stage of a child’s life is very important.
The Court also said that society often sees fathers only as earners, not caregivers. This reduces their role in childcare. It added that just being physically present is not enough. Fathers must actively take part in parenting.
The Court noted that lack of paternity leave strengthens traditional gender roles. It also takes away the chance for fathers to help at home and care for their children.
It said that paternity leave can help fathers support mothers, share responsibilities, and take care of their children. This will also promote gender equality at home and at the workplace.
The Court also referred to the Central Civil Services Rules, which allow 15 days of paternity leave for male government employees. It said that this shows the idea exists, but it is still not enough.
The Court also mentioned that some efforts have been made in Parliament to introduce longer paternity leave.
In conclusion, the Court said that a child may not understand laws but feels the presence or absence of parents. The absence of a father in early life can affect the parent-child relationship later.
The Court said that paternity leave is important for child development, gender equality, and shared parenting. It helps both parents take part in raising the child and supports the child’s overall growth.
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