Context: The Supreme Court has recently highlighted the need to examine a legal framework for paternity leave, recognising that parenting is a shared responsibility and essential for child development.
Arguments in Favour of Paternity Leave
- Child development requires involvement of both parents, especially during formative years.
- Absence of paternity leave reinforces gender stereotypes, where caregiving is seen as a woman’s role.
- Women bear disproportionate burden of unpaid work, spending 10 times more hours on domestic tasks.
- Unequal childcare responsibilities restrict women’s labour force participation.
- Paternity leave can help reduce the motherhood penalty in wages and career progression.
- International experience shows that shared parental leave improves gender equality and workforce participation.
Concerns and Practical Challenges
- India’s labour market is dominated by the informal sector, with only 10% workforce in formal employment.
- Small enterprises may find it difficult to accommodate employee absence.
- Risk of unintended consequences where men may not share responsibilities equally, reflecting patriarchal norms.
- Possibility of misuse of leave in absence of social accountability.
- Existing maternity benefits already face implementation gaps and workplace discrimination.
- Gig workers and informal workers remain outside the ambit of such benefits, highlighting structural limitations.
Structural Constraints in Indian Context
- Highly fragmented labour market with majority employed in small enterprises.
- Informal sector workers lack access to social protection frameworks.
- Patriarchal attitudes continue to shape workplace practices and hiring behaviour.
- Dual nature of labour markets limits uniform implementation of labour policies.
Way Forward: Towards a Balanced Approach
- Shift from maternity to parental leave framework, ensuring shared responsibility.
- Introduce non-transferable leave for fathers to ensure participation.
- Gradual expansion starting with formal sector, considering economic feasibility.
- Promote behavioural change to address gender norms alongside legal reforms.
- Strengthen labour market conditions and enterprise size to support policy implementation.
Conclusion: While paternity leave can promote gender equality and better child outcomes, its success in India depends on addressing deeper structural and societal constraints, making it both a policy and social reform challenge.