March 17, 2026 : The Supreme Court has called on the Union government to examine the need for a formal law recognising paternity leave, noting that India’s current legal framework does not adequately account for the role of fathers in childcare. The observation came from a Bench of Justices J B Pardiwala and R Mahadevan while deciding a case concerning maternity benefits for adoptive mothers.

The Court pointed out that the absence of a statutory provision for paternity leave creates a clear gap in the country’s social welfare laws. It suggested that the government consider framing appropriate legislation that reflects the responsibilities of both parents and prioritises the best interests of the child.

These remarks were made while the Court struck down a restrictive provision under the Code on Social Security, 2020, which had limited maternity leave for adoptive mothers based on the age of the child. The Bench held that such a condition was unconstitutional and clarified that adoptive mothers are entitled to maternity leave regardless of the child’s age at the time of adoption.

Highlighting the importance of shared parenting, the Court observed that childcare should not be seen as the sole responsibility of mothers. It noted that recognising paternity leave would promote a more balanced approach, allowing fathers to actively participate in early childcare and support their partners.

The ruling reflects a broader shift towards updating India’s social security framework in line with changing family structures and the growing emphasis on gender equality in caregiving roles.