Daijiworld Media Network - New Delhi
New Delhi, Mar 18: In a significant observation, the Supreme Court of India on Tuesday emphasised that parenthood is a shared responsibility and not the duty of a single parent, urging the Union government to introduce provisions recognising paternity leave as a social security benefit.
A bench comprising Justices J B Pardiwala and R Mahadevan noted that a child, whether born or adopted, remains unaware of legal interpretations regarding a father’s presence, but the absence of a parent in early life subtly impacts the relationship in later years.
Highlighting the importance of paternity leave, the court said it enables fathers to actively participate in the early stages of a child’s development, helping dismantle gender-based roles in parenting and promoting equality both at home and in the workplace. It added that the welfare of a child is best served when both parents are able to contribute meaningfully and complement each other in upbringing.
The bench made these observations while striking down a provision denying maternity leave to mothers adopting children above three months of age, noting that such norms reflect deeply rooted societal assumptions that often go unquestioned.
The court observed that caregiving has historically been attributed primarily to mothers, but stressed that overlooking the father’s role would be unjust. It underscored that the early years of a child are crucial for emotional bonding and psychological development, where the father’s presence plays a vital role.
“The essence is simple – both parents are indispensable during a child’s formative years. A father’s contribution in those initial days cannot be delayed or compensated later,” the bench remarked.
It further pointed out that the absence of paternity leave reinforces traditional gender roles and deprives willing fathers of the opportunity to actively engage in childcare.
Referring to existing provisions, the court noted that under the Central Civil Services rules, male government employees are entitled to only 15 days of paternity leave, indicating that while the concept exists, it remains inadequately recognised.