Paternity Leave in India: Laws, Benefits and Current Status

Table of Contents

Context

In a ruling on maternity leave for adoptive and surrogate mothers last week (Hamsaanandini Nanduri vs Union of India), the Supreme Court called on the Union government to examine the need for a formal law recognising paternity leave for all fathers, adoptive or biological.

Key Highlights of the Hamsaanandini Nanduri vs Union of India Judgment

Removal of Age-Based Restriction: The Court read down Section 60(4) of the Code on Social Security, 2020.
- It ruled that adoptive mothers are entitled to 12 weeks of maternity leave regardless of whether the child is younger or older than three months.
- The earlier age-based limitation was held to violate Articles 14 (equality) and 21 (life and personal liberty)
Recognition of Motherhood Beyond Biology: The judgment emphasised that maternity benefits arise from the role of caregiving, not merely childbirth.
- Adoptive mothers were recognised as having responsibilities equivalent to biological mothers.
- Adoption was acknowledged as an aspect of reproductive choice and personal autonomy under Article 21.
Maternity Leave as a Basic Right: The Court described maternity protection as a fundamental human entitlement.
- It highlighted its role in ensuring financial security, workplace inclusion, and enabling women to make reproductive choices without fear of losing employment.
Need for Paternity Leave: The Court underlined the importance of both parents in early childcare.
- It noted that the absence of paternity leave reinforces gender stereotypes and limits shared caregiving.
- The government was urged to introduce paternity leave within the social security system.

About Paternity Leave

Paternity leave refers to a designated period, i.e. either paid or unpaid, granted to fathers after the birth or adoption of a child. It allows them to actively engage in early childcare and support the mother during the postnatal period.

Status of Paternity Leave in India

While India does not have a comprehensive legal framework for paternity leave, the idea is not absent.

The Central Civil Services (Leave) Rules grant 15 days of paternity leave to male government employees.
The proposed Paternity and Parental Benefit Bill, 2025 (a Private Member’s Bill), suggests extending this to 8 weeks.

Need for Paternity Leave

Shared Parenthood: Childcare is a joint responsibility; excluding fathers from early caregiving undermines this principle.
Hidden Inequality: Caregiving has traditionally been viewed as a mother’s duty, marginalising the father’s role and normalising this imbalance.
Child Development: Active involvement of both parents ensures better emotional support and overall well-being of the child.

Key Issues and Challenges

Discriminatory Framework: Unequal treatment persists between biological and adoptive mothers, and even among adoptive mothers, based on the child’s age.
Barriers in Adoption: Lengthy procedures and legal formalities reduce the likelihood of early adoption.
- Delays in declaring children legally free for adoption further complicate the process.
Absence of Paternity Leave: Lack of a statutory policy perpetuates unequal caregiving roles and gender imbalance.
Impact on Women’s Employment: Increased maternity benefits have sometimes led to employer bias, affecting women’s workforce participation.
Implementation Gaps: Weak enforcement, especially in the unorganised sector.
- Limited availability of crèche facilities and flexible work arrangements.

Way Forward

Gender-Neutral Parental Leave: Introduce statutory paternity leave and move towards a shared parental leave system.
Legal Harmonisation: Align provisions of the Maternity Benefit Act, Code on Social Security, and Juvenile Justice Act to remove inconsistencies.
Strengthening Adoption Processes: Simplify procedures and reduce delays in declaring children eligible for adoption.
Supporting Employers: Provide fiscal incentives or subsidies to offset maternity-related costs and encourage inclusive workplace policies.
Focus on the Informal Sector: Expand social security coverage and ensure accessibility and portability of benefits for workers outside the formal sector.