SC Calls For Law Recognising Paternity Leave As Social Security Benefit

The Supreme Court of India on Tuesday urged the Union government to introduce legislation recognising paternity leave as a formal social security benefit. The court emphasised that fathers must be acknowledged as equal participants in childcare.

A Bench comprising Justice JB Pardiwala and Justice R Mahadevan observed that determining the duration and conditions of such leave falls within the Centre’s policy domain. It stressed the urgent need for a structured legal framework.

The Bench stated that provisions must respond to the needs of both parent and child. The observations arose during a ruling on a public interest litigation challenging limits on maternity leave for adoptive mothers.

The court invalidated Section 60(4) of the Social Security Code 2020, which restricted maternity benefits to adoptive mothers only if the child was below three months of age.

The Bench held that this restriction created an unreasonable classification and violated Article 14 of the Constitution. It affirmed that adoptive children require the same care and emotional support as biological children.

The court declared that adoption constitutes an equally legitimate form of parenthood.

The petition originally contested provisions under the Maternity Benefit Act 1961, amended in 2017, which imposed a similar limitation.

During proceedings, the same restriction appeared in the new code.

The court ruled that maternity benefits must apply uniformly to all adoptive mothers, irrespective of the child’s age. It further highlighted the importance of shared parenting.

Recognising fathers’ roles, it noted, would improve child development and promote gender parity in caregiving.

At present, Indian law grants up to 26 weeks of paid maternity leave, but lacks a comprehensive statutory framework for paternity leave.

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