Supreme Court pushes for paternity leave: 'Fathers need break too', Govt urged to act
Supreme Court advocates for paternity leave, urges govt to frame law. Says fathers also need time with newborns, highlights importance of shared parenting
New Delhi (The Uttam Hindu): The Supreme Court has made important comments regarding paternity leave, asking the central government to consider legislation recognizing it as a social security benefit. The court clarified that not only the mother but also the father's role is equally important in a child's development.
The observation was made by a bench of Justices JB Pardiwala and R Mahadevan while hearing a case related to the rule that allowed maternity leave to an adoptive mother only if the child was less than three months old.
Relief for adoptive mothers:
The court struck down this provision, stating that adoptive mothers should also be entitled to 12 weeks of maternity leave, regardless of the child's age. The court stated this was consistent with the principles of equality and justice.
"Ignoring the role of the father is wrong," the bench said, adding that while the mother's role is undoubtedly central to a child's emotional, physical, and mental development, it is neither fair nor just to ignore the father's role. Parenthood is a shared responsibility, requiring equal participation from both partners.
The Supreme Court stated that the first months and years of a child's life are crucial. It is during this period that a strong emotional bond is formed between the parents and the child. Without the father's opportunity to be with the child during this time, the experience remains incomplete.
The court also stated that the father's support is crucial for the mother during the initial stages of a child's birth or adoption. Granting paternity leave allows the father to actively participate in family responsibilities and support the mother.
Gender equality will be promoted
The bench stated that the implementation of paternity leave will change the societal perception that childcare is solely the responsibility of women. This will promote gender equality both in the workplace and in the family. The court also suggested that the duration of paternity leave should be tailored to the needs of both the parents and the child, so that fathers can also play an active role in the child's early development.