The Supreme Court urged the Centre to introduce a law granting paternity leave as a social security benefit. The Court stressed equal parenting roles while expanding maternity rights for adoptive mothers.
The Supreme Court on Tuesday made an important observation highlighting the need to recognise paternity leave in India. A Bench of Justices JB Pardiwala and R Mahadevan urged the Central government to introduce a proper legal framework that grants paternity leave as a social security benefit for fathers.
The Court made it clear that while it is for the government to decide how such a policy should be designed, including how long the leave should be, there is an urgent need to formally recognise the role of fathers in childcare.
Stressing the importance of shared parenting, the Bench observed,
“We urge the Union to come out 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 parent and the child.”
This observation came while the Court was deciding a Public Interest Litigation (PIL) that challenged certain provisions relating to maternity benefits for adoptive mothers. In a significant ruling, the Court struck down Section 60(4) of the Social Security Code, 2020. This provision limited maternity leave benefits for adoptive mothers only if the adopted child was below three months of age.
The Court found this restriction unfair and discriminatory. It held that such a classification creates an unreasonable distinction between adoptive mothers based solely on the age of the child, which goes against the right to equality guaranteed under Article 14 of the Constitution.
The PIL was filed by Hamsanandini Nanduri, who challenged the constitutional validity of Section 5(4) of the Maternity Benefit Act, 1961. This provision, introduced through the 2017 amendment, granted only 12 weeks of maternity leave to adoptive mothers, and that too only when the adopted child was less than three months old. The petitioner argued that this age-based condition is arbitrary and violates fundamental rights under Articles 14, 19(1)(g), and 21 of the Constitution.
While the case was pending, the Maternity Benefit Act was replaced by the Social Security Code, 2020, which carried forward a similar restriction under Section 60(4). The Supreme Court examined this provision and ultimately struck it down.
The Court ruled that all mothers of young children must be treated equally, whether they are biological mothers or adoptive mothers. It emphasised that the needs of a child do not change based on whether the child is adopted or born biologically.
ALSO READ: Supreme Court Says Maternity Leave Is Every Woman’s Right – Even After Second Marriage
Highlighting the importance of emotional and social bonds over biological ties, the Court stated,
“Although biology has traditionally been the predominant lens through kinship, adoption is an equally valid pathway. Biological factors by themselves do not determine family. An adopted child is not different from natural child.”
With this judgment, the Supreme Court has not only expanded the scope of maternity benefits for adoptive mothers but also opened the door for recognising the role of fathers in childcare through a potential paternity leave law. The ruling is being seen as a progressive step towards gender equality, child welfare, and a more inclusive understanding of family in Indian law.
Click Here to Read More Reports On Maternity Leave
