Paternity Leave in India: Supreme Court Push for Gender Equality & Shared Care

Recently, the Supreme Court of India urged the Centre to consider a law recognizing paternity leave as a social security benefit, highlighting the overlooked role of fathers in early childcare

Recent Supreme Court Cases

• Menstrual Leave Case: The Court warned that mandatory menstrual leave may be counterproductive, as employers may avoid hiring women as they can be perceived as costly employees.
  • It highlights a policy paradox i.e well-intended welfare measures can reduce employment opportunities if poorly designed. 
• Adoption Leave Disparity: Under the Code on Social Security, 2020, maternity leave of 12 weeks was available only if the adopted child was below 3 months.
  • The Court held this restriction arbitrary and discriminatory, as caregiving needs exist irrespective of age.
  • As a result, the 3 month cap was removed, extending benefits to all adoptive mothers.

Supreme Court on Redefining Care

• Biological vs Emotional Dimension of Care: The Court held that while childbirth is a biological process, motherhood and caregiving are emotional and relational processes that persist irrespective of the child’s age, making age-based restrictions on leave unreasonable.
• Rejection of Narrow State Interpretation: It criticised the government’s limited view of care, expanding it to include emotional bonding, nurturing, and psychological support beyond mere physical needs.
• Rights-Based Approach over Employer Interests: The Court rejected the justification of protecting employer interests, asserting that workers are not machines and cannot be reduced to economic units.

The Paternity Leave Case

• Judicial Direction: The Supreme Court of India directed the government to grant statutory/legal status to paternity leave with meaningful duration to meet the needs of both parents and children.
• Challenging Patriarchal Norms: In India, social norms assign childcare to women and earning to men. 
  • Paternity leave can normalise shared parenting, dismantle rigid gender roles, and promote substantive gender equality.
• Data-Based Inequality (ILO): Women perform 297 minutes/day of unpaid care work, while men contribute only 31 minutes/day, highlighting structural imbalance.
• Structural Consequence: Unequal care burden leads to women’s career stagnation, reduced labour force participation, and workforce exit.
• Empowerment Dimension: Shared caregiving through paternity leave enables women to continue careers and remain economically independent, rather than being forced to quit.

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International Best Practice: Sweden’s “Daddy Quota”

• Use-it-or-Lose-it Paternity Leave: Sweden mandates a non-transferable “Daddy Quota,” where paternity leave is forfeited if the father does not avail it.
• Outcome: Leads to active father involvement in childcare and transforms caregiving into a shared responsibility rather than a gendered role.

The Link Between Home and Workplace Equality

• Expert Insight: Claudia Goldin, a Nobel Prize-winning economist (2023), emphasises that workplace equality is not possible without equality within the household.

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Conclusion

While policy measures such as paternity leave are essential, they must be complemented by a shift in societal norms and attitudes.

• True gender justice can be achieved only when men recognise caregiving as an equal responsibility, rather than viewing it solely as women’s work.

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