The Supreme Court on Tuesday highlighted the need for a legal framework recognising paternity leave as part of social security, stressing that raising a child is a shared duty between both parents. The court observed that focusing only on mothers in early childcare overlooks the important role fathers play in a child’s growth.
The remarks came as the court struck down a provision that granted maternity leave to women adopting children only if the child was below three months of age. The bench ruled that adoptive mothers should receive 12 weeks of maternity leave regardless of the child’s age at the time of adoption.
A bench comprising Justices JB Pardiwala and R Mahadevan noted that introducing paternity leave would help break traditional gender roles. It said such a measure would encourage fathers to be more involved in childcare and promote equality both at home and in the workplace.
The court acknowledged that mothers play a central role in a child’s emotional and physical development. However, it emphasised that ignoring the father’s contribution would be unfair. Parenthood, it said, is a shared responsibility where both parents contribute to the child’s overall development.
Father’s presence can impact child’s well-being, says SC
The judges pointed out that the early years of a child’s life are crucial for building emotional bonds and a sense of security. During this period, a father’s presence can have a meaningful impact on the child’s mental and emotional well-being.
The bench further observed that a father’s involvement in the early stages cannot be postponed or compensated for later. It criticised the common belief that fathers can make up for lost time during weekends, stating that such absence during formative moments can leave a lasting gap in a child’s experience.
The court also noted that professional commitments often prevent fathers from participating actively in early childcare, even when they wish to do so. This, it said, reinforces outdated gender roles and denies fathers the opportunity to engage meaningfully in parenting.
In conclusion, the court underlined that recognising paternity leave would support balanced parenting and help create a more equal family structure.
