Supreme Court Urges Law On Paternity Leave
The Supreme Court has urged the Union government to bring a law recognising paternity leave as a social security benefit, while also ruling on the rights of adoptive mothers under the Social Security Code, 2020. The court said leave policy must respond to the needs of both parents and the child, linking the issue to shared caregiving and child welfare.
Supreme Court Urges Law On Paternity Leave
A Bench of Justice J.B. Pardiwala and Justice R. Mahadevan said the Union government should introduce a legal provision recognising paternity leave as a social security benefit. The court observed that the duration of such leave should be fixed in a way that supports both parents and serves the interests of the child. The recommendation came in a case dealing primarily with maternity leave rights for adoptive mothers, but the judges widened the discussion to include the role of fathers in early childcare.
Court Strikes Down Restriction On Adoptive Mothers
The Bench held that Section 60(4) of the Social Security Code, 2020 was unconstitutional to the extent that it limited 12 weeks of maternity leave for adoptive mothers only when the adopted child was below three months of age. Reading down the provision, the court ruled that a woman who legally adopts a child would be entitled to 12 weeks of maternity leave regardless of the age of the adopted child. The judgment is expected to widen legal protection for adoptive mothers and remove a narrow age-based barrier.
Paternity Leave Debate Gains Legal Attention
The court noted that parenting is a shared responsibility and said policy must reflect that reality. At present, Indian law recognises maternity leave, including paid leave for eligible women employees, but there is no general statutory recognition of paternity leave. The latest Supreme Court observation is likely to add momentum to the debate on whether India should create a formal legal framework for fathers’ leave after childbirth or adoption.
