By : Manya Singh

Abstract

Paternity leave remains an overlooked aspect of India’s labour laws. Unlike maternity leave, which is a legal entitlement, paternity leave lacks a statutory mandate, leaving new fathers with limited support. This article explores the absence of a legal framework for paternity leave, its implications on gender roles, workplace equality, and child-rearing responsibilities, and the need for legislative reform.

Introduction

Parental leave policies play a crucial role in shaping gender roles, workplace dynamics, and family well-being. Traditionally, maternity leave has been the primary focus of parental leave policies, with little attention given to fathers’ roles in child-rearing. Paternity leave, defined as job-protected leave granted to fathers around the birth or adoption of a child, is essential for promoting shared parenting responsibilities and improving family outcomes. Despite the increasing recognition of the importance of paternity leave, many countries, including India, have not developed comprehensive legal frameworks to support it.

In India, the concept of paternity leave is still in its infancy. Unlike maternity leave, which is governed by the Maternity Benefit Act, 1961, there is no overarching law mandating paternity leave for fathers in the private sector. The lack of a legally mandated paternity leave policy means that companies are left to decide their own rules, leading to inconsistent policies across industries. For instance, while some multinational corporations offer generous paternity leave benefits, many domestic companies either provide minimal leave or none at all. This disparity forces many fathers to choose between their professional responsibilities and family obligations, often leading to burnout or reduced involvement in early childcare. This inconsistency in policies highlights the pressing need for a statutory mandate.

Benefits of Paternity Leave

Research from across the globe demonstrates that paternity leave-taking is associated with higher levels of father involvement, which in turn has positive outcomes for children and families. Studies show that longer periods of paternity leave are linked to more frequent engagement in developmental tasks and caretaking during infancy and early childhood. This involvement fosters children’s developmental growth, strengthens parent-child attachment, and contributes to better health, fewer behavioural problems, and improved educational outcomes.

Furthermore, paternity leave allows fathers to bond with their children, learn parenting skills, and develop a sense of competence in caregiving. These benefits are not limited to children; fathers who take paternity leave report greater satisfaction in their parental roles and experience reduced work-family conflict.

International studies from countries like Denmark and the United Kingdom reveal that fathers who take paternity leave are more likely to engage in caregiving tasks such as feeding, bathing, and changing diapers. These findings underscore the transformative potential of paternity leave in challenging traditional gender roles and promoting a more equitable division of labour within households.

India’s Legal Framework on Paternity Leave

India’s approach to paternity leave remains fragmented and inadequate. The Maternity Benefit Act, 1961, which was amended in 2017, serves as the primary legal framework governing maternity leave and related benefits for working mothers in India. Enacted to safeguard the health and financial security of women before and after childbirth, the Act mandates 26 weeks of paid maternity leave for women employed in establishments with 10 or more employees. However, despite its comprehensive approach to maternity benefits, there is no corresponding legal framework for paternity leave.

The Central Civil Services Leave Rule 551(A) from 1972 provides 15 days of paid paternity leave for male government employees, which can be availed within six months of childbirth. However, the private sector, which employs a significant portion of the Indian population, lacks any legal mandate for paternity leave. This absence reflects deeply entrenched cultural norms that view child-rearing as primarily a mother’s responsibility. Traditional gender roles in developing countries like India remain rigid, with fathers often seen as breadwinners rather than active caregivers.

The Madras High Court’s ruling in B. Saravanan v. Deputy Inspector General of Police  underscores the constitutional imperative of recognizing paternity leave as a fundamental right. The court held that denying paternity leave violates Article 21 of the Indian Constitution, which guarantees the right to life and personal liberty. The judgment emphasized the joint responsibility of parents in ensuring the survival and well-being of their children, particularly in the context of India’s transition from joint to nuclear families.

Despite this judicial recognition, legislative efforts to introduce paternity leave have been sluggish. The Paternity Benefit Bill, 2017, sought to address this gap but has yet to be enacted. This delay reflects a broader societal reluctance to challenge traditional gender norms and recognise the evolving role of fathers in modern families.

The Impact of the Lack of a Legal Mandate

1. Reinforcement of Gender Stereotypes

The absence of a legal mandate for paternity leave in India reinforces deeply entrenched traditional gender roles, which position childcare as primarily a mother’s responsibility. By failing to recognise the role of fathers in early childcare, Indian society perpetuates a patriarchal framework that upholds the gendered division of labour, making it challenging to break free from, and transform these norms.

In India, much like in other patriarchal societies, father-mother roles are rigidly defined by traditional attitudes that romanticise motherhood as an essential aspect of femininity. For many Indian women, fulfilling the role of a mother is seen as a source of identity and fulfilment, a notion strongly reinforced by societal expectations. This pattern aligns with what Coltrane termed “compulsory motherhood,” an ideology that dictates women should derive their sense of purpose and satisfaction through bearing and caring for children. This romanticised view of motherhood not only places an undue burden on women but also solidifies the gendered division of childcare, sidelining fathers from active participation in parenting and reinforcing outdated norms that hinder progress toward gender equality.

Research highlights that early bonding between fathers and their children is critical for a child’s emotional and cognitive development. However, without legally mandated paternity leave, fathers in India are often unable to participate in this crucial period, leaving the entire responsibility of newborn care to mothers. This exclusion has long-term implications for family dynamics, as it reinforces the notion that caregiving is inherently a woman’s role.

2. Workplace Inequality

Since maternity leave is legally mandated while paternity leave is not, women often bear the brunt of childcare responsibilities. This imbalance not only reinforces traditional gender roles but also contributes to workplace discrimination against women. Employers, anticipating that women may require extended leave for childcare, often perceive them as less productive or committed, which can hinder their career progression. On the other hand, the lack of paternity leave denies fathers the opportunity to share caregiving responsibilities equally, perpetuating the stereotype that childcare is solely a woman’s domain.

The absence of paternity leave also fosters implicit bias in hiring practices. Employers, aware that men are unlikely to take extended leave, may favour male candidates over female ones, further widening the gender gap in employment. This bias has far-reaching economic consequences, including lower workforce participation rates for women and restricted opportunities for career advancement.

3. Economic Strain on Families

Without paternity leave, many fathers are forced to take unpaid leave or use personal leave days to be present during the critical early days of their child’s life. This puts financial strain on families, particularly in cases where both parents are employed. The burden is more pronounced in lower-income families, where taking unpaid leave is often not an option, leading to increased stress and reduced paternal involvement in childcare.

4. Psychological Impact on Fathers and Families

Psychologically, the absence of a support system for new fathers, such as mandated paternity leave, can lead to feelings of exclusion, isolation, and stress. The transition to parenthood is a significant life event that requires emotional and practical adjustment for both parents. However, without structured leave policies, fathers are often sidelined during the critical early days of their child’s life, leaving them feeling disconnected from the caregiving process.

Research underscores the positive impact of involved fathers on a child’s development. Fathers who actively participate in childcare contribute to their child’s emotional security, cognitive growth, and social skills. For instance, studies have shown that fathers who engage in caregiving tasks, such as feeding, playing, and reading to their infants, foster stronger parent-child bonds and promote better developmental outcomes. However, without the opportunity to take paternity leave, many fathers miss out on this crucial bonding period, limiting their ability to develop the skills and confidence needed to be active, hands-on parents.

The lack of paternity leave exacerbates stress within the family unit. Fathers who are unable to take time off work often face the dual pressure of meeting professional responsibilities while wanting to support their partners and newborns. This strain can lead to increased tension between parents and reduce the overall well-being of the family. In contrast, fathers who take paternity leave report feeling more competent in their parenting roles and experience greater satisfaction in their relationships with their children and partners.

5. Global Comparison and India’s Lag

Several countries, such as Sweden, Canada, and even neighbouring China, have adopted progressive paternity leave policies that set a global benchmark for gender equality and family welfare. For example, Sweden offers 480 days of shared paternity leave, while China mandates a minimum of 14 days in many provinces. These policies not only support fathers in actively participating in childcare but also promote a more equitable division of labour within households.

In stark contrast, India’s private sector lacks statutory paternity leave provisions, leaving fathers with little to no protection and hindering the country’s progress toward workplace equality. Nations with robust paternity leave policies have observed transformative shifts in gender roles, with fathers who take leave becoming more engaged in childcare over the long term.

The Road Ahead

The conversation around paternity leave in India is gradually gaining momentum, but significant progress is yet to be made. While certain private-sector companies offer paternity leave voluntarily, the lack of a standardised policy means that access remains inconsistent. Advocacy from employees, legal experts, and policymakers is essential to push for reforms that make paternity leave a reality for all working fathers in India.

A legislative mandate for paternity leave would represent a monumental shift towards gender equality in the workplace and at home. By recognizing and legally supporting the role of fathers in early childcare, India can move closer to a more progressive and inclusive society.

Conclusion

India’s lack of a legal mandate for paternity leave is a significant gap in its labour laws. Studies have shown that countries with robust paternity leave policies experience higher workforce participation among women and improved child development outcomes. For instance, research from the Organisation for Economic Co-operation and Development (OECD) indicates that paternity leave policies contribute to increased female employment rates and greater income equality. Addressing this issue by implementing a comprehensive paternity leave policy will not only promote gender equality but also create a healthier work-life balance for families. As India moves towards a more progressive and inclusive society, legal recognition of paternity leave is not just desirable—it is essential.

Moreover, the benefits of paternity leave extend beyond individual families. By encouraging fathers to take an active role in child-rearing, paternity leave can contribute to the formation of more egalitarian gender norms, which are essential for achieving gender equality in the long term. Additionally, workplaces that offer paternity leave are likely to see improved employee morale, reduced turnover, and increased productivity, as fathers are better able to balance their work and family responsibilities.

As conversations around labour rights and gender equality continue to evolve, it is crucial for India to recognise the importance of paternity leave and take the necessary steps toward its implementation. Only then can we achieve a society where caregiving is a shared responsibility, and both parents are empowered to contribute equally to their child’s upbringing.

Author’s Bio

Manya Singh is a third-year law student currently pursuing B.B.A. L.LB(Hons.) from O.P. Jindal Global Law School, Sonipat. Her interests lie in gender studies, intellectual property law and the intersection of law, technology, and politics.

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