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    Parenthood Not a Solo Role: SC Pushes for Paternity Leave Law in India

    New Delhi, Mar 17: The Supreme Court of India on Tuesday urged the Centre to enact a law recognizing paternity leave as a social security benefit, stressing that parenting is a shared responsibility and not solely the mother’s role.

    A bench of Justices J B Pardiwala and R Mahadevan made the observation while ruling that adoptive mothers are entitled to 12 weeks of maternity leave regardless of the child’s age, striking down a provision that limited such leave to adoption of children below three months.

    The court highlighted that denying paternity leave reinforces gendered roles and restricts fathers from actively participating in early childcare. It noted that a father’s presence during a child’s formative years is crucial for emotional and psychological development.

    Observing that parenthood involves equal contribution from both parents, the bench said the absence of fathers due to professional constraints deprives families of early bonding opportunities. It added that such gaps cannot be compensated later and may affect a child’s emotional foundation.

    The court emphasised that providing paternity leave would enable fathers to support mothers, share responsibilities, and remain emotionally present during early childcare.

    Urging legislative action, the bench said the duration of paternity leave should be designed to meet the needs of both parents and the child, while promoting gender equality at home and in workplaces.