The birth of a child is a very crucial phase of life for both the mother and father and it brings various emotional, psychological, and social transitions inorder toenjoy the right to life of a childguaranteed under Article 21 of the Constitution the concept of “maternity leave” was implemented. However, it is not only the mother who goes through changes but also the father, and hence a need for paternity leaves was felt. In the recentcaseof B.Saravanan vs The Deputy Inspector General Of Police Justice L Victoria Gowri conveyed that it’s time for policymakers to acknowledge the right to paternity leave as a basic human right for parents of pre-natal and post-natal children.
What is Paternity Leave?
Paternity leave is a type of leave that is provided to male employees to take care of their families during the birth or adoption of a child. This policy enables fathers to take paid time off from work to support their spouses and to create a bond with their newborn or adopted child.
Why is Paternity leave required?
When a child is born, they require a significant amount of care and affection. It’s not only the child who needs support and care but the mother as well. The period after birth is perfect for forming a bond with the child, and it’s the father’s responsibility to look after them. This is why paternity leave is essential, especially in today’s world where both parents are working. There are numerous reasons why paternity leaves are important as they serve various purposes:
- Bonding with the Child: Paternity leave allows the father to spend quality time bonding with their newborn or adopted child during the crucial early weeks. This bonding contributes to the emotional well-being of both the father and the child.
- Support to the Spouse: This time provides the opportunity to the husband to take care of his wife during the postpartum period. This support helps the mother to grow physically and mentally.
- Equal Parenting Roles: Paternity leaves promote the idea of shared parenting responsibilities so that the full burden is not borne by the mother only.
- Work-Life Balance: It gives the father the time to support his spouse and to maintain a work-life balance.
- Gender Equality: It promotes gender equality in the workplace and society. It challenges traditional gender roles and expectations, recognizing that both parents should have the opportunity to be actively involved in childcare.[i]
- PatriarchalSociety: In Indian society, men are often viewed as the primary breadwinners, while women are expected to take on the role of homemaker. This patriarchal mindset has led to a culture of toxic masculinity, which results in hesitation and ridicule when men are expected to perform tasks that are traditionally associated with women. This creates a significant barrier to gender equality and reinforces harmful gender stereotypes. Hence providing paternity leave helps to break the stereotypes.
Paternity Benefit Laws in India
Unfortunatelyin India paternity leave is only legally granted to the government employees, leaving men working in the private sector at the mercy of their employer’s good will.
- In India, As per the provisions of Central Civil Services (Leave) Rule 43(A), 1972, the applicable rules for paternity leave include:
(1) A male Government employee, including an apprentice, who has less than two surviving children, is eligible for Paternity Leave. The leave can be granted by the competent authority for a period of 15 days during his wife’s confinement period due to childbirth. The leave can be taken up to 15 days before or within six months from the date of delivery of the child.
(2) During such period of 15 days, he shall be paid leave salary equal to the pay drawn immediately before proceeding on leave.
(3) The paternity Leave may be combined with leave of any other kind.
(4) The paternity leave shall not be debited against the leave account.
(5) If Paternity Leave is not availed of within the period specified in sub-rule (1), such leave shall be treated as lapsed.
- Paternity Benefit Bill
In September 2017, the Maternity Benefit (Amendment) Act, 2017 was enacted. Following this, a new bill called the Paternity Benefit Bill, 2018(PB Bill) was introduced in the Lok Sabha by Maharashtra MP, Rajeev Satav. The PB Bill aimed to provide new fathers with paternity leave of fifteen days, which could be extended up to three months. The primary goal of the PB Bill was to acknowledge the crucial role of fathers in child-rearing and to give them the opportunity to bond with their children without compromising their responsibility to provide for their family. However, the PB Bill was not enacted as a law.
Cases for Paternity Leaves
- Chander Mohan jain v. N.K Bagrodia Public School
In 2009, Chander Mohan Jain, a private school teacher, challenged the rejection of his paternity leave application and salary deduction by N.K. Bagrodia Public School in the High Court of Delhi. He had taken leave to care for his wife and newborn child. Despite the lack of legislation, the New Delhi High Court ruled that all male employees of unaided recognized private schools were entitled to paternity leave. The court ordered the school to refund the deducted amount to Chander Mohan Jain, providing relief to private sector teachers.
- B.Saravanan vs The Deputy Inspector General Of Police
An Inspector of Police, B. Saravanan, filed a petition seeking paternity leave for 90 days from May 1. Initially granted, the leave was cancelled prior to commencement citing law and order issues. Saravanan approached the court as his wife’s delivery was expected on May 30. The court directed him to give a representation to the authorities and he was sanctioned leave until May 30. However, his wife delivered on May 31, and he sent a WhatsApp message seeking an extension of the leave. The authorities issued a desertion order on June 22. The court observed that the authorities ought to have granted leave and quashed the desertion order, directing the authorities to consider Saravanan’s case with a sympathetic mind and reinstate him as Inspector of Police within four weeks.
Paternity Leaves in Private Businesses
In India, Paternity Leave is provided only to government employees however, some businesses in India have decided to forge ahead with offering paternity leave to employees.
- NETFLIX
As per the Netflix website its policy on parental leave is “take care of your baby and yourself” and new parents can generally take between four and eight months off.
Google provides its employees globally access to 18 to 24 weeks of paid parental leave. New birthing parents will receive 24 weeks of leave, while surrogate and adopting parents will receive 18 weeks of leave.
- MICROSOFT
Paternity leave at Microsoft India has been extended to 6 weeks from 2 weeks.
Facebookprovides four months of paid time off during childbirth to new parents regardless of gender or location.
- STARBUCKS
Starbucks provides 12 weeks of paternity leave to new fathers.
Conclusion
Countries around the world have different policies on paternity leave. Therefore, it is important for India to adopt its own laws on paternity leave in order to keep up with the needs of a developing society. It is crucial to ensure that every person can enjoy their right to the life of a child, which is guaranteed by Article 21 of the Constitution. The Madras High Court recognized the need for paternity leave legislation in the case of B. Saravanan vs The Deputy Inspector General of Police. Therefore, both the government and private sector need to quickly adapt to the needs of employees in terms of paternity leaves, to promote work-life balance.
