Parenthood not a solitary function: Supreme Court urges Centre to bring law recognising paternity leave

SC said that although the father is present at the periphery of infancy, he is not present in the intimate and irreplaceable way that society has always presumed the mother must be.

New Delhi: The Supreme Court on Tuesday urged the Centre to come up with a law recognising paternity leave as a social security benefit, observing that parenthood is not a solitary function and while the mother is central to a child's development, it would be unjust to overlook the role of the father.

The apex court's observations came while striking down a law under which a woman was eligible for maternity leave if she legally adopts a child below the age of three months. The court held that an adoptive mother should be entitled to maternity leave of 12 weeks, irrespective of the age of the adopted child.

A bench of Justices J B Pardiwala and R Mahadevan also emphasised that a provision of paternity leave helps in dismantling gendered roles, encourages fathers to take an active role in child care, fosters a balanced understanding of parenting, and promotes gender equality within family and workplace.

While the role of a mother is undeniably central to a child's emotional, physical, and psychological development, it would be incomplete and unjust to overlook the equally significant role of a father, the bench said.

The top court said parenthood is not a solitary function performed by one parent but rather a shared responsibility in which each parent contributes to the child’s holistic development.

It said that although the father is present at the periphery of infancy, he is not present in the intimate and irreplaceable way that society has always presumed the mother must be.

"In light of the aforesaid discussion on the need of paternity leave, we urge the Union to come up 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," the bench said.

Observing that early months and years of a child’s life constitute a formative period during which emotional bonds, attachment and a sense of security begin to take shape, the top court said that during this stage, the presence of a father contributes significantly to the child’s emotional and psychological well-being.

What a father offers to a child in those nascent days cannot be scheduled for a convenient time or compensated for later, it said.

"In the aforesaid context, the absence of a father is rationalised by the hope of making up for lost time through devoted weekends. For the child, who needed to hear the voice and feel the warmth of a father in those early moments, the absence is not merely a matter of memory.

"It affects the foundation upon which the child begins to build emotional security and attachment. The absence of a father during the formative years of a child's life, particularly due to employment constraints, deprives both the child and the parent of the opportunity to form these early bonds," the bench said.

The top court said a father who remains physically near yet is compelled by professional obligations to remain disengaged from early caregiving roles cannot truly participate in the formative experiences of a child's infancy.

The court said the absence of paternity reinforces gendered roles in parenting, and another consequence is that even where a father is willing and desirous of contributing, he is left without a meaningful opportunity to do so.

"When fathers are afforded the opportunity to take leave following the arrival of the child, they are able to support the mothers and share family responsibilities. This support extends to participating in the upbringing and caregiving of the child, assisting with household responsibilities, and remaining emotionally present during this demanding phase.

"In such circumstances referred to above, a provision for paternity leave serves an important purpose by enabling fathers to participate meaningfully in the early stages of a child’s life and development.

"It helps in dismantling gendered roles, encourages fathers to take an active role in child care, fosters a balanced understanding of parenting, and promotes gender equality within family and workplace," the bench said.