Overview
The Supreme Court on 17 March 2026 urged the Union to legislate a dedicated provision for paternity leave as a component of social security. The direction came while the Court was examining the constitutionality of a restriction on maternity leave for adoptive mothers.
Key Developments
- The bench of Justice J.B. Pardiwala and Justice R. Mahadevan held that Section 60(4) is unconstitutional.
- The Court read down the provision, granting adoptive mothers a full 12 months of maternity leave irrespective of the child’s age.
- In the same judgment, the Court directed the Union to introduce a law recognising paternity leave as a social security benefit, with a flexible duration that meets the needs of both parents and the child.
Important Facts
• Current Indian law provides up to 26 weeks of paid maternity leave for women with fewer than two surviving children, and 12 weeks for those with two or more children, with up to 8 weeks permissible before delivery.
• No statutory provision for paternity leave exists at present, although several private sector firms offer limited paid paternity leave.
• The case is recorded as W.P.(C) No. 960/2021 – Hamsaanandini Nanduri v. Union of India.
Exam Relevance
• Social Security Code, 2020 is a key component of India’s labour reforms; understanding its provisions is essential for GS‑III.
• The judgment illustrates the role of the Supreme Court in safeguarding constitutional rights, a frequent GS‑II topic.
• The push for paternity leave ties into gender‑equality debates, work‑life balance, and the broader agenda of women’s participation in the workforce, relevant for GS‑IV.
Way Forward
• The Union is expected to draft a paternity leave rule specifying eligibility, duration, and payment structure, possibly aligning with international best practices.
• Legislative clarification may also extend maternity benefits uniformly to adoptive parents, eliminating age‑based discrimination.
• Stakeholders—employers, labour unions, and civil‑society groups—will need to engage in policy dialogues to balance employer concerns with social justice objectives.