Justice JB Pardiwala and Justice R Mahadevan made this recommendation in a case concerning the constitutionality of the provision restricting maternity leave to adoptive mothers only if the age of the child is below 3 months.

[17/03, 15:53] sekarreporter1: The Supreme Court on Tuesday urged the Union Government to bring a law recognising paternity leave as a social security benefit. The Court observed that the duration of the leave must be determined to suit the needs of both the parents and the child.

A bench comprising Justice JB Pardiwala and Justice R Mahadevan made this recommendation in a case concerning the constitutionality of the provision restricting maternity leave to adoptive mothers only if the age of the child is below 3 months.

The bench held that Section 60(4) of the Social Security Code, 2020, which allows maternity leave of 12 weeks to an adoptive mother only if the child is below the age of 3 months, is unconstitutional. Reading down the provision, the Court declared that a woman who legally adopted a child was entitled to maternity leave of 12 months regardless of the age of the adopted child.

“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 refers to a period of paid or unpaid leave granted to a father following the birth or adoption of a child, enabling him to participate in early childcare and support the mother during the immediate postnatal phase. The concept is rooted in the recognition that parenting is a shared responsibility and that the presence of both parents in a child’s early life contributes to better developmental outcomes. It also serves a broader equality objective by challenging traditional gender roles that confine caregiving to women, thereby promoting a more balanced division of domestic responsibilities and facilitating women’s continued participation in the workforce.

India does not recognize paternity leave yet, though paid maternity leave up to 26 weeks is permissible for women. The law provides for 26 weeks of paid maternity leave for women with fewer than two surviving children, and 12 weeks for those with two or more children, with up to 8 weeks permissible before delivery.

Case no. – W.P.(C) No. 960/2021

Case Title – Hamsaanandini Nanduri v. Union of India
[17/03, 15:53] Meta AI: The Supreme Court has urged the Union government to bring in a law recognising paternity leave, saying both parents share responsibility for childcare.
[17/03, 15:53] Meta AI: The Supreme Court struck down the rule limiting maternity leave for adoptive mothers to children under 3 months, saying all adoptive mothers get 12 weeks regardless of age. It also urged the Union to legislate paternity leave as a social‑security benefit, with duration set to meet parents’ and child’s needs.