Will paternity leave be available in India also? Supreme Court said- ‘Do not ignore the role of father’

New Delhi: The country’s top court has asked the central government to consider a law to recognize paternity leave as a social security benefit. Along with this, the Supreme Court said that raising a child is not a sole responsibility and even though the role of the mother is important in the development of the child, it would be unjust to ignore the role of the father.

These comments of the Supreme Court came at a time when it repealed such a provision in the case of child adoption, under which the woman concerned could get maternity leave only if a child less than three months of age was legally adopted. Rejecting this provision, the court said that the adoptive mother should get 12 weeks of maternity leave, irrespective of the age of the child.

Promoting gender equality in family and workplace

The bench of Justices JB Pardiwala and R Mahadevan also emphasized that the provision of paternity leave helps break down gender roles, encourages fathers to play an active role in child care, promotes a balanced approach to parenting and promotes gender equality in the family and workplace. The Supreme Court bench said that the role of a mother in the emotional, physical and mental development of a child is undoubtedly important, but it would be incomplete and unjust to ignore the equally important role of the father.

shared responsibility for raising children

The Supreme Court said that parenting is not a sole responsibility performed by either the mother or the father, but it is a shared responsibility in which each parent contributes to the overall development of the child. It said that society often views the mother’s role as the most essential and immutable in a child’s life, while the father’s role, although present early on, is not considered as intimate or essential. The Supreme Court said that the role of the father is also important, and it is not right to ignore it.

Paternity leave should be recognized as a social security benefit

The apex court bench said, “In the context of the above discussion on the need for paternity leave, we request the Central Government to bring in a provision to recognize paternity leave as a social security benefit.” The bench said, “We emphasize that the period of such leave should be determined in such a way that it suits the needs of both the parents and the child.”

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