Paper: GS – II, Subject: Polity, Topic: Judiciary, Issue: Judicial Observations Impact Parental Leave.
Context:
Recent judicial observations have highlighted the need to broaden parental leave beyond a mother-centric framework. The discussion aligns with evolving notions of family, caregiving, and gender justice.
Key Takeaways:
Existing Framework:
- India provides up to twenty-six weeks of maternity leave under the Maternity Benefit Act, 1961 (amended in 2017).
- Paternity leave remains limited to fifteen days for certain government employees and is not uniformly available in the private sector.
- This asymmetry reinforces the perception of caregiving as primarily a woman’s responsibility.
Background Issue:
- Women bear a disproportionate share of unpaid care work, leading to career interruptions and reduced workforce participation.
- Employers may display hiring bias against women due to anticipated maternity-related costs.
- Legal recognition of adoptive and non-biological motherhood has expanded, but corresponding inclusion of fathers remains limited.

Conclusion:
Expanding parental leave to include fathers is essential for achieving substantive gender equality and fostering a more equitable distribution of care responsibilities.
Source: (The Indian Express)
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