Bring law to recognise paternity leave: Supreme Court to Centre
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paternity leave: Supreme Court to Centre
Bring law to recognise paternity leave: Supreme Court to Centre
The Supreme Court on Tuesday urged the Central government to come out with a law recognising paternity leave
We urge the Union to come out with a provision recognising paternity leave as a social security benefit. We emphasise that the duration of such leave must be determined in a manner that is responsive to the needs of both the parent and the child,” the Court said.
The Court called for such legal recognition of fathers as caregivers of young children, while quashing a provision that restricted maternity benefits when it came to mothers who adopt children over 3 months old.
Social Security Code, 2020
In its judgment, the Court struck down Section 60(4) of the Social Security Code, 2020, which laid down that adoptive mothers will be eligible for maternity leave only if they adopt children who are less than 3 months old.
The Court held that such a distinction works against adoptive mothers as well as adopted children over 3 months old. It concluded that the provision complained of was violative of the right to equality under Article 14 of the Constitution.
Hamsanandini Nanduri
The judgment was rendered on a public interest litigation petition filed by one Hamsanandini Nanduri challenging the constitutional validity of Section 5(4) of the Maternity Benefit Act, 1961.
The provision, introduced through the 2017 amendment, grants 12 weeks of maternity benefit to adoptive mothers only where the adopted child is below three months of age. The petitioner contended that this age-based restriction is arbitrary and violative of Articles 14, 19(1)(g) and 21 of the Constitution.
The Court today struck down the said provision, effectively ruling that uniform maternity benefits must be provided to mothers of young children, whether or not the child is adopted.
In its judgment, the Court also held that the needs of an adoptive child are no different from those of a biological child.
“Although biology has traditionally been the predominant lens through kinship, adoption is an equally valid pathway. Biological factors by themselves do not determine family. An adopted child is not different from natural child,” the Court held.
Maternity Benefit Act, 1961
A crucial element of social legislation in India is the Maternity Benefit Act, 1961 (as revised in 2017), which protects women’s job during pregnancy and grants them a “maternity benefit”—that is, complete paid leave from work to care for their kid.
The 1961 Act was superseded in late 2025 by the Code on Social Security (2020), which kept the essential 2017 elements. The detailed notes, which include the most recent Supreme Court decision from March 2026, are provided below.
Payment: During the time of her actual absence, she is entitled to maternity benefits at the rate of the average daily income.
Current Legal Developments (March 2026)
Adoptive Mothers (No Age Limit): The clause that restricted maternity benefits to adoptive parents of children under three months old was overturned by the Supreme Court on March 17, 2026. Regardless of the age of the kid, all adoptive mothers are now entitled to 12 weeks of leave.
Paternity Leave: Recognising that parenthood is a shared responsibility, the Supreme Court has publicly recommended the Central Government to acknowledge Paternity Leave as a social security benefit.
Code on Social Security 2020: This Code, which went into full effect in November 2025, incorporates the majority of the 1961 Act’s provisions.
Protection from Dismissal: It is illegal for an employer to fire a woman for being pregnant or while she is on maternity leave.