Supreme Court urges recognition of paternity leave as social security benefit

New Delhi: The Supreme Court on Tuesday 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 as it urged the Union government to come up with a provision recognising paternity leave as a social security benefit.

A bench of Justices J B Pardiwala and R Mahadevan said, ''We would like to pen that a child who is born or adopted does not know what the law has decided about presence of the father, nor does the child understand how the law values paternity leave."

"The realization that one of its parents arrived a little late to the story because the law required him to be present at work is something the child may never consciously know, yet the quiet cost of that absence is later reflected in their relationship,'' the bench added.

The bench underscored 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 court said.

It also advances the best interests and welfare of the child, which are most effectively served when both parents are enabled to play meaningful and complementary roles in the child’s growth and development, the bench added.

While striking down the provision denying maternity leave for a mother who adopted a child above three months of age, the bench said, there exists a kind of injustice, although not deliberate, yet based on assumptions so deeply rooted that they have ceased to appear as injustice at all, and have come to be accepted as the natural order of things in society.

"Society has historically attributed caregiving and nurturing responsibilities almost exclusively to mothers.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 bench noted the early months and years of a child’s life constituted a formative period during which emotional bonds, attachment, and a sense of security begin to take shape. During this stage, the presence of a father contributes significantly to the child’s emotional and psychological well-being.

"The essence of the matter is simple, the presence of both parents during the early development of a child is indispensable. What a father offers to a child in those nascent days cannot be scheduled for a convenient time or compensated for late,'' the bench observed.

The court opined, 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 pointed out, the absence of paternity leave produces two consequences. First, it reinforces gendered roles in parenting. Secondly, even where a father is willing and desirous of contributing, he is left without a meaningful opportunity to do so.

The court noted, at present, Sections 43A and 43AA of the CCS (Leave) Rules, respectively, granted a male government servant 15 days of paternity leave for the birth of the child or for adoption.

"The provision reflects that the concept of paternity leave is not alien, but less recognized,'' the court said.