New Delhi: The Supreme Court of India on Tuesday urged the Union government to consider introducing paternity leave in India as a recognised social security benefit, stressing that parenthood is a shared responsibility between both parents.

The observation came from a bench comprising Justices J B Pardiwala and R Mahadevan while delivering a judgment related to maternity leave rights for adoptive mothers.

The court said a legal provision for paternity leave would help promote gender equality in parenting and workplaces, enabling fathers to actively participate in early child care and family responsibilities.

Court highlights the importance of fathers in early child development

The bench observed that while a mother plays a central role in a child’s emotional, physical and psychological development, it would be unfair to overlook the equally important role of the father.

“ Parenthood is not a solitary function performed by one parent but rather a shared responsibility in which each parent contributes to the child's holistic development,” the court noted.

The judges emphasised that the early months and years of a child’s life are a critical developmental phase, during which emotional bonds, attachment and a sense of security are formed.

According to the court, the presence of a father during infancy significantly supports the emotional and psychological well-being of a child, and such bonding cannot be postponed or compensated later.

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Paternity leave can promote gender equality

The Supreme Court observed that the absence of formal paternity leave policies in India often reinforces traditional gender roles, leaving mothers with most caregiving responsibilities.

The bench said even when fathers are willing to contribute to early child care, workplace constraints and lack of leave policies prevent them from participating fully in parenting during the formative stage.

“Providing paternity leave allows fathers to support mothers, share household responsibilities and participate in the upbringing of the child,” the court said.

It added that recognising paternity leave as a social security benefit would help dismantle gendered expectations, encourage active fatherhood, and promote a balanced approach to parenting in Indian families and workplaces.

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Duration of leave should consider the needs of parents and the child

The court urged the Centre to introduce a policy framework for paternity leave in India, noting that the duration of leave should be determined based on the needs of both the child and the parents.

Such a provision, the bench said, would allow fathers to remain emotionally present during the demanding early months after childbirth or adoption, strengthening family bonds and child development.

The observations were made while the Supreme Court also ruled that adoptive mothers are entitled to 12 weeks of maternity leave regardless of the child’s age, striking down a restrictive provision in the Code on Social Security 2020 that limited maternity benefits to adoptions involving infants under three months.

PTI