Parental Leave Reform: Towards Gender-Just Caregiving

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.
Rationale for Reform, Challenges and Way Forward

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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