The Supreme Court has urged the Union Government to make a law that recognizes paternity leave as a social security benefit. A bench of Justice JB Pardiwala and Justice R Mahadevan made this observation while hearing a case about a law that gave maternity leave to adoptive mothers only if the child was under three months old.

Supreme Court Orders 12 Months for Adoptive Mothers:

The bench said that Section 60(4) of the Social Security Code, 2020, which gave 12 weeks of maternity leave to adoptive mothers only if the child was below 3 months, is unconstitutional. They said a woman who legally adopts a child is now entitled to 12 months of maternity leave, no matter the age of the child.

Justice Pardiwala on Paternity Leave:

"On the need of paternity leave, we urge the Union to come up with a provision recognising paternity leave as a social security benefit. We emphasise that the duration of such leave must be determined in a manner that is responsive to the needs of both the parents and the child," Justice Pardiwala stated in the judgment.

Paternity Leave Explained:

After a child is born or adopted, a father may be granted paid or unpaid paternity leave. This leave allows him to assist the mother during the early post natal period and take care of the child in the early months. The idea is that parenting is a shared responsibility and having both parents present during a child’s early years helps the child’s development.

Paternity leave also challenges the traditional idea that only women should take care of the children. It helps share household work more fairly and allows women to keep working, helping balance family and work responsibilities between men and women.

Maternity vs. Paternity Leave in India:

Currently, while women can take paid maternity leave for up to 26 weeks, paternity leave is not recognized in India. According to law, mothers with less than two surviving children are entitled to 26 weeks of paid maternity leave, while those with two or more children are entitled to 12 weeks, with up to 8 weeks allowed before delivery.

Case Details: Hamsaanandini Nanduri v. Union of India