SC urges Centre to recognise paternity leave
New Delhi: The Supreme Court on Tuesday urged the Union government to enact a law recognising paternity leave as a social security benefit, while striking down a provision that limited maternity benefits for adoptive mothers based on the child’s age.
A bench of Justices J.B. Pardiwala and R. Mahadevan observed that the question of granting paternity leave, including its duration and conditions, falls within the policy domain of the Centre, but stressed the need for a legal framework acknowledging fathers as equal caregivers.
“We urge the Union to come out with a provision recognising paternity leave as a social security benefit. The duration of such leave must be determined in a manner that is responsive to the needs of both the parent and the child,” the Justice Pardiwala-led Bench said.
The observations came while the top court delivered its verdict on a public interest litigation (PIL) challenging the constitutional validity of provisions that limited maternity leave for adoptive mothers.
In its judgment, the Supreme Court struck down Section 60(4) of the Social Security Code, 2020, which provided that adoptive mothers would be entitled to maternity leave only if the adopted child was below three months of age.
The bench held that the provision created an unreasonable classification and violated the guarantee of equality under Article 14 of the Constitution.
“The needs of an adoptive child are no different from those of a biological child. Although biology has traditionally been the predominant lens through which kinship is understood, adoption is an equally valid pathway. Biological factors by themselves do not determine family. An adopted child is not different from a natural child,” the apex court said.
The PIL had originally challenged Section 5(4) of the Maternity Benefit Act, 1961, introduced through the 2017 amendment, which granted 12 weeks of maternity leave to adoptive mothers only when the adopted child was below three months old.
During the pendency of the PIL, a similar provision was incorporated under the Social Security Code, 2020.
Holding the restriction to be unconstitutional, the bench held that the benefits of maternity leave must extend uniformly to all adoptive mothers, irrespective of the age of the child at the time of adoption.
The apex court further highlighted that the needs of an adoptive child are no different from those of a biological child, particularly in the early stages of integration into a new family environment. It also highlighted the broader importance of shared parenting and the need to recognise fathers’ role in early childcare, observing that such recognition could contribute to better developmental outcomes for children while promoting greater gender equality in caregiving responsibilities.
At present, Indian law provides for paid maternity leave of up to 26 weeks under the Maternity Benefit Act for eligible women, but there is no comprehensive statutory framework governing paternity leave.