Observation was made in Hamsaanandini Nanduri vs Union Of India case.
About Paternity Leave
- It refers to a period of paid/unpaid leave granted to a father following the birth/adoption of a child, enabling him to participate in early childcare and support the mother during the immediate postnatal phase.
- Status in India: Though India does not recognize paternity leave, the concept is not entirely absent.
- Central Civil Services (Leave) Rules: Provides 15 days of paternity leave to male government employees.
- Paternity And Parental Benefit Bill, 2025: Private Member Bill, proposed 8 weeks of paternity leave.
Need for Introducing Paternity Leave
- Nature of Parenthood: Shared responsibility, and absence of fathers during early formative years of child cannot be treated as natural or inconsequential.
- Invisible Injustice: Society has historically attributed caregiving and nurturing responsibilities exclusively to mothers, overlooking equally significant role of father.
- This assumption appears as natural order of things and ceased to appear as injustice at all.
- Child Welfare: Receives emotional support and proper care from both parents.
Key issues with extending Paternity Leave
- Need for Cultural Shift: Men are hesitant to take any paternal leave because of associated stigma.
- Fear of Career Repercussions: In a competitive work environment taking long leaves would diminish one’s career prospects.
- Informal Workforce: Majority of India’s workforce forms part of informal sector, leaving them outside the ambit of laws.
Along with brining in change from patriarchal mindset, global models like Sweden which offers 480 days of paid parental leave to be shared between parents could be considered.
