Paternity Leave Should Be a Social Security Benefit, Says Supreme Court and Urges Union to Enact Law Recognising Paternity Leave

In Hamsaanandini Nanduri v. Union of India, the Supreme Court on Tuesday made an important observation on parental rights at work. While deciding a case on maternity benefits for adoptive mothers, the Court urged the Union Government to introduce a law recognising paternity leave as a social security benefit.

A Bench of Justice JB Pardiwala and Justice R Mahadevan said fathers should also receive legal support to participate in early childcare. The Court noted that the length of such leave should be fixed in a way that addresses the needs of both parents and the child.

The remark came in a case challenging Section 60(4) of the Social Security Code, 2020. This provision allowed 12 weeks of maternity leave to an adoptive mother only if the adopted child was below three months of age. The petitioner argued that this condition was unfair and discriminatory.

The Court agreed and held that the restriction was unconstitutional. It read down the provision and declared that a woman who legally adopts a child would be entitled to maternity leave even if the child is older than three months. This widens protection for adoptive mothers and acknowledges the realities of caregiving after adoption.

The Bench said: “On the need of paternity leave, we urge the Union to come up 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 parents and the child.”

The observation is significant because Indian law still does not formally recognise paternity leave in the private sector as a statutory right. At present, maternity benefits are clearly protected, with up to 26 weeks of paid leave available in many cases, but fathers do not enjoy similar legal recognition under a broad social security framework.

The Court’s view reflects a wider understanding of parenting as a shared responsibility. It also links child care with workplace equality. By encouraging legal recognition of paternity leave, the Bench signalled that family support laws must move beyond old assumptions that place caregiving almost entirely on women.

This judgement may now push the Union Government to consider whether Indian labour and social security laws should be updated to reflect modern parenting roles. Along with expanding maternity rights for adoptive mothers, the Court has opened a larger policy discussion on equal care, dignity, and family welfare in the workplace.