PATERNITY LEAVE IN INDIA: SOCIO-ECONOMIC NEED, CHALLENGES, AND WAY FORWARD

Why In News?

The Supreme Court's recent observation challenges India’s maternal-centric legal framework by urging a Paternity Leave Act, shifting the narrative of childcare from an exclusive maternal duty to a joint parental responsibility essential for true social security.

What is Paternity leave?

Paternity leave is a period of authorized absence from work granted to a male employee after the birth or adoption of his child. 

Unlike maternity leave, which is designed for the mother's physical recovery and breastfeeding, paternity leave is primarily intended to enable the father to bond with the newborn and support the mother during the crucial postpartum period. 

Key Difference from Maternity Leave

• Maternity Leave: Mandated by the Maternity Benefit Act 2017 for 26 weeks (fully paid) for women in establishments with 10 or more employees.
• Paternity Leave: No statutory mandate exists for men in the private sector, creating a legal gap in parental rights. 

Current Legal Framework 

Public Sector: The "15-Day" Rule

• Central Civil Services (Leave) Rules, 1972 (Rule 43-A): Male central government employees (with fewer than two surviving children) are entitled to 15 days of paid paternity leave. This can be availed 15 days before or within six months after delivery.
• State Variations: While some states like Rajasthan and Maharashtra have adopted similar rules, others have no specific provisions.

Private Sector: The "Corporate Lottery"

• No Statutory Mandate: The Code on Social Security, 2020, which consolidated labour laws, mentions maternity benefits extensively but remains silent on mandatory paternity leave.
• Discretionary Policies: Access to leave depends entirely on the employer's benevolence.
• Progressive Outliers: Companies like Zomato (26 weeks), Salesforce, and Pfizer have introduced gender-neutral parental leave policies.
• The Reality: Only about 14-18% of Indian private companies offer formal paid paternity leave policies. (Source: Onsurity)

Legislative Stagnation

• The Paternity Benefit Bill, 2017 (Private Member’s Bill) proposed 15 days of mandatory leave extendable to 3 months. It lapsed in Parliament.
• In 2025, fresh Private Member Bills were introduced in the Lok Sabha advocating for "Parental Leave" (shared leave), but these have yet to translate into enacted law.

Why Paternity Leave is a Necessity?

Child's Right to Development: As emphasized by the Supreme Court in the Hamsaanandini Nanduri case (2026), parental leave must be viewed from the child's perspective.

• The active involvement of both parents during the formative years is crucial for a child's holistic and psychological development.

Combating the 'Motherhood Penalty': Absence of paternity leave reinforces the assumption that childcare is solely a woman's responsibility. This leads to hiring bias against women of child-bearing age.

Redistributing Unpaid Care Work: Paternity leave is a powerful tool to challenge patriarchal norms that place a disproportionate burden of unpaid domestic work on women.

Significance of the Paternity Leave 

Constitutional Rights

The denial of paternity leave violates the "Golden Triangle" of Fundamental Rights.

• Article 14 (Right to Equality): By placing the burden of childcare solely on women, the state implicitly sanctions a gendered division of labour. 
• The Supreme Court stated this violates substantive equality by perpetuating the stereotype that men are "providers" and women are "carers."
• Article 21 (Right to Life & Dignity): Right to dignity includes the right of a father to bond with his child. Denying this opportunity deprives the child of paternal care and the father of his parenting rights.
• Article 42 (DPSP): Directs the State to provide for "just and humane conditions of work and maternity relief." Legal scholars argue that in the 21st century, "maternity relief" must be interpreted broadly to include "parental relief," ensuring the mother is not overburdened.

Economic Need

Boosting Female Labour Force Participation (FLFP)

• The "Sticky Floor": When a woman takes 26 weeks off and her husband takes zero, she becomes a "high-cost" employee in the eyes of a potential employer. This bias discourages hiring young women.
• Leveling the Field:  The Economic Survey 2023-24 estimated that equalizing parental leave uptake could boost India’s female workforce participation by 5%, adding significantly to the GDP.

"Double Burden" Syndrome

• Without the father's presence at home, women shoulder the "double burden" of unpaid care work and professional duties. 
• A 2024 International Labour Organization (ILO) report highlighted that Indian women spend 297 minutes daily on unpaid care work, compared to 31 minutes for men. Paternity leave is the first step in redistributing this imbalance.

Addressing the "Demographic Dividend" Reality

For India to reap the benefits of a young population, the workforce must be inclusive. When men are excluded from caregiving, it forces a large portion of the female demographic out of the productivity cycle.

• The Talent Leak: India loses significant professional talent in the "mid-career" stage (ages 28–35) primarily due to childbirth. Paternity leave acts as a retention tool by normalizing shared domestic responsibility,

Challenges Of Implementing Mandatory Paternity Leave 

Economic Burden on MSMEs

The Micro, Small, and Medium Enterprises (MSME) sector is the backbone of the Indian economy, employing over 11 crore people.

• The Cost Factor: Unlike large MNCs, a small unit with 10–15 employees cannot easily afford the "double cost" of paying a male employee's salary while he is on leave and simultaneously hiring a temporary replacement.
• Potential Hiring Bias: There is a risk that a paternity mandate might lead small employers to prefer older men or unmarried candidates to avoid the perceived "cost of parenthood".

The Informal Sector Gap

Over 90% of India's workforce is in the informal or unorganized sector (e.g., agriculture, construction, gig work).

• Lack of Enforcement: Any central legislation only covers the "organized" sector. For a daily-wage labourer or a delivery partner, "leave" simply means a loss of income, making a mandate ineffective without a state-funded cash-transfer mechanism.

Cultural Stigma and "The Vacation" Mindset

Deep-seated patriarchal norms stigmatize men who prioritize domestic care.

• The "Unambitious" Label: Many men fear that taking paternity leave will lead to being passed over for promotions or being seen as "less committed" to their careers compared to peers who stay at work..
• Low Uptake: Evidence from countries with generous policies (like Japan) shows that even when leave is available, men often don't use it due to workplace peer pressure—a phenomenon likely to be mirrored in India’s competitive corporate culture.

Legislative and Regulatory Hurdles

• Absence in Social Security Code: The Code on Social Security 2020 covers maternity benefits but remains silent on paternity leave, making any new mandate require a fresh parliamentary amendment.
• State vs Centre Disparity: Labour is on the Concurrent List. Achieving a uniform national mandate across all states requires complex inter-state coordination and consensus.

Risk of "Secondary" Exploitation

Domestic Burden Shifting: There is a concern that without social sensitization, men might take "leave" but not actually participate in childcare, effectively turning the leave into a paid holiday while the mother continues to bear the full domestic load.

Way Forward for India

Legislative Mandate

Amend the Code on Social Security to introduce a minimum of 15 days of mandatory paid paternity leave for all organized sector establishments.

Parental Leave Insurance

To protect MSMEs, the government should create a "National Social Security Fund" (funded by a small cess or employer-employee contribution) to pay the wages during leave, rather than the employer paying directly.

The "Shared" Model

Allow couples to "pool" their leave. For example, a total of 30 weeks could be provided, where 10 weeks are reserved for each parent, and the remaining 10 can be split as they choose.

DBT for Informal Workers

For the unorganized sector, a cash incentive should be provided via Direct Benefit Transfer (DBT) to fathers who register for child-care support, similar to the Pradhan Mantri Matru Vandana Yojana (PMMVY).

Learn From Global Best Practices

• The Nordic Model (Sweden/Iceland): "Use it or lose it" quotas. A portion of the leave is reserved for the father; if he doesn't take it, the family loses the paid days.
• The Portuguese Model: Mandatory paternity leave. Fathers must take 20 working days off.
• The French Model: In 2021, France doubled paternity leave to 28 days, with 7 days being mandatory to ensure uptake.

Conclusion

Paternity leave is not a "gift" to men; it is a structural intervention to dismantle the gendered division of labour. By enabling fathers to be parents, we enable mothers to be professionals. As India moves toward its goal of becoming a $5 trillion economy, it must recognize that social infrastructure—like parental leave—is just as critical as physical infrastructure like roads and ports.

Source: THE HINDU