New Delhi: The Supreme Court of India on Tuesday urged the Union government to introduce a law recognising paternity leave as a social security benefit, while also striking down a provision that restricted maternity benefits for adoptive mothers based on the child’s age.
Call for Equal Parenting Role
A bench of Justices J.B. Pardiwala and R. Mahadevan said that while framing policies like paternity leave falls under the Centre’s domain, there is a need to legally recognise fathers as equal caregivers. The court stressed that the duration and conditions of such leave should be designed keeping in mind the needs of both parents and the child.
Adoptive Mothers Get Equal Rights
The court struck down Section 60(4) of the Social Security Code, 2020, which allowed maternity leave for adoptive mothers only if the child was below three months of age. The bench ruled that this provision violated Article 14 (right to equality) and created an unreasonable classification.
The judgment came while hearing a PIL challenging similar provisions under the Maternity Benefit Act, 1961. The court held that adoptive children have the same needs as biological children, especially during early stages of family integration, and therefore adoptive mothers must receive equal maternity benefits regardless of the child’s age.
Need for Broader Legal Framework
The apex court highlighted the importance of shared parenting and said recognising the role of fathers in childcare can improve child development and promote gender equality. Currently, Indian law provides up to 26 weeks of paid maternity leave for eligible women, but there is no comprehensive law governing paternity leave.