“Child Needs Both Parents”: Supreme Court Pushes for Paternity Leave Recognition

The Supreme Court has asked the Union government to consider bringing in a provision that recognises paternity leave as a social security benefit, stressing that raising a child is a shared responsibility of both parents and not something to be carried out by only one parent.

A Bench of Justices J B Pardiwala and R Mahadevan said paternity leave allows fathers to take part meaningfully in the early stages of a child’s life and development.

The Bench observed that such a provision helps break traditional gender roles, encourages fathers to actively participate in childcare, promotes balanced parenting, and advances gender equality both at home and in workplaces.

Court said the welfare and best interests of a child are best served when both parents are given the opportunity to play meaningful and complementary roles in the child’s upbringing.

These observations came in a judgment where the Court struck down a provision that denied maternity leave to a woman who adopted a child older than three months.

The Bench noted that society has historically placed caregiving and nurturing responsibilities almost entirely on mothers. It said that while the role of a mother in a child’s emotional, physical, and psychological growth is unquestionably important, the role of a father is equally significant and cannot be ignored.

According to the Court, the first few months and years of a child’s life are crucial because this is the period when emotional bonds, attachment, and a sense of security begin to develop. The presence of a father during this phase, it said, contributes greatly to the child’s emotional and psychological well-being.

“The essence of the matter is simple, the presence of both parents during the early development of a child is indispensable,” the Bench said, adding that the role a father plays during those formative days cannot be postponed or compensated for later.

Court further observed that when fathers are unable to spend time with their children during the formative years because of work obligations, both the parent and the child lose the opportunity to build those early emotional bonds.

It also said that merely being physically nearby is not the same as truly being present. A father may remain close to the child but still be unable to participate in caregiving because of professional commitments.

The Bench noted that fathers have traditionally been viewed mainly as financial providers, and because financial support does not resemble visible day-to-day caregiving, the need for paternity leave has often been overlooked.

According to the Court, the absence of paternity leave has two consequences. First, it reinforces stereotypical gender roles in parenting. Second, even fathers who genuinely want to contribute to childcare are left without a meaningful opportunity to do so.

The Bench pointed out that under Sections 43A and 43AA of the CCS (Leave) Rules, male government employees are already entitled to 15 days of paternity leave in cases of childbirth or adoption. This, Court said, shows that the concept of paternity leave is already recognised in India, though to a limited extent.

Court also took note of attempts being made through a private member’s Bill to expand recognition of paternity leave.

In a significant observation, the Bench said a child neither understands what the law says about a father’s presence nor how the law values paternity leave. What the child experiences, Court said, is simply the presence or absence of emotional closeness and bonding.

Court observed that a child may never consciously realise that a parent could not be present because work obligations required it, but the effect of that absence may quietly shape the relationship in later years.

Also Read| Right to paternity leave to parent basic human right of the child: Madras HC

Case Title: Hamsaanandini Nanduri Vs Union of India & Ors

Bench: Justices J B Pardiwala and R Mahadevan

Date of Judgment: March 17, 2026