The observations came in a judgment delivered by a Bench of Justices J B Pardiwala and R Mahadevan while examining the validity of a provision in the Social Security Code, 2020.

Photograph: Lucy Pemoni/Reuters

The Supreme Court on Tuesday called on the Union government to enact a legal framework recognising paternity leave as a component of social security, stressing that caregiving responsibilities must be shared between both parents.

Any such policy must be calibrated to meet the needs of the child as well as both parents, the apex court noted.

The observations came in a judgment delivered by a Bench of Justices J B Pardiwala and R Mahadevan while examining the validity of a provision in the Social Security Code, 2020 that restricted maternity leave for adoptive mothers to cases where the child was below three months of age.

The court found the stipulation unconstitutional and read it down, holding that adoptive mothers are entitled to 12 weeks of maternity leave irrespective of the age of the child at the time of adoption.

The court ruling

In the course of its ruling, the top court underscored the absence of a comprehensive statutory framework for paternity leave in India, even as maternity benefits remain formally recognised.

It noted that while certain provisions, such as limited leave under service rules for government employees, exist, they fall short of acknowledging paternity leave as a broader social entitlement.

The Bench framed paternity leave as central to both child development and gender equality.

The court also observed that caregiving has historically been treated as a maternal obligation, a pattern that perpetuates entrenched social norms and sidelines the role of fathers, and described this as a form of “invisible injustice” embedded within family and workplace structures.

Emphasising the importance of early childhood, the judgment noted that the presence of both parents during formative years plays a crucial role in shaping emotional security, attachment, and overall development.

It rejected the notion that paternal involvement can be deferred or substituted by intermittent engagement later.

The court further highlighted that the lack of paternity leave deprives fathers of the opportunity to participate meaningfully in early childcare, even where they are willing to do so.

This, it said, reinforces gendered divisions of labour and limits women’s ability to sustain workforce participation.

“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 childcare, fosters a balanced understanding of parenting, and promotes gender equality within family and workplace,” the court said.

The Bench concluded by calling for legislative action to bridge the gap, noting that a child ultimately experiences parental presence, not legal entitlements, in deeply personal ways.