PATERNITY LEAVE: A STEP TOWARDS AN INCLUSIVE SOCIETY AND CHILD RIGHT’S, NOT A PRIVILE

PATERNITY LEAVE: A STEP TOWARDS AN INCLUSIVE SOCIETY AND CHILD RIGHT’S, NOT A PRIVILE
Shruti Jha
LL.B, IV Sem.
School of Law
Manav Rachna University, Faridabad
Date : 21 March, 2025

“No man has greater care than for the life he helps bring into the world.” — Aristotle

“A mother gives birth, but a father gives life. A child may be born from a mother’s womb, but they grow in a father’s heart.”
In the journey of life, both parents play an irreplaceable role in shaping a child’s future. While the mother’s love is celebrated, the father’s presence often goes unnoticed. Society has long acknowledged the necessity of maternity leave, recognizing that the physical and emotional demands of motherhood. But what about fathers? Shouldn’t a child feel the warmth of their father’s embrace in those first few weeks of life? Shouldn’t a mother receive the support of her partner during one of the most challenging times of her life?
Paternity leave is not just about granting leave to fathers—it is about recognizing that a child deserves the love, care, and presence of both parents. It is about ensuring that a father is not just a provider but also a nurturer. Yet, despite its undeniable benefits, India still lacks a structured paternity leave policy, leaving fathers to choose between their job and their newborn.
This write-up explores the importance of paternity leave, its impact on families and society, the reasons for its absence in India, and how we can push for a more balanced, compassionate future where a child receives equal love from both parents.
Why Paternity Leave is Essential
1. A Child Deserves Both Parents
A child’s world does not revolve around just one parent. The first few months after birth are crucial for emotional bonding, cognitive development, and a sense of security. A father’s touch, his voice, and his presence provide comfort and stability to a newborn, shaping their emotional well-being for life. Without paternity leave, fathers are robbed of the chance to build this foundational bond, and children grow up missing a crucial part of their emotional support system.
2. The Weight of Motherhood Should Not Be Borne Alone
Motherhood is beautiful, but it is also exhausting—physically, mentally, and emotionally. The sleepless nights, postpartum struggles, and the overwhelming responsibility of caring for a newborn can take a toll on a mother’s health. If fathers were given paternity leave, they could share these responsibilities, easing the mother’s burden and allowing her to recover both physically and emotionally.

3. Breaking Stereotypes: Fathers Are Nurturers Too
For generations, society has labeled men as providers and women as caregivers. But fatherhood is more than just earning a paycheck—it is about being there, about changing diapers, singing lullabies, and holding tiny hands. A father’s love is as nurturing as a mother’s, and paternity leave ensures that men have the opportunity to fully embrace their role as caregivers.
4. Stronger Families, Stronger Societies
Families where fathers are actively involved tend to be healthier, both emotionally and psychologically. When a father is present during the early days, it sets the tone for lifelong involvement, resulting in happier children, stronger marriages, and a more balanced household. And when families are strong, society as a whole flourishes.
5. Enhancing Maternal Health
Postpartum recovery is not just a physical process; it is also an emotional one. The presence of a supportive partner during this period significantly reduces stress, postpartum depression, and anxiety in new mothers. If fathers are given time off, they can provide much-needed support, ensuring a healthier transition into parenthood for both parents.
Why Has the Paternity Leave Bill Not Been Passed in India?
Despite its importance, India has not yet introduced a comprehensive paternity leave law. Some of the major reasons for this are:
1. Deep-Rooted Patriarchal Mindset
Indian society still operates under the belief that a father’s primary duty is to earn, while a mother’s duty is to raise children. This outdated notion discourages policymakers and employers from recognizing the necessity of paternity leave.
2. Financial Concerns of Employers
Many businesses resist the idea of paternity leave due to financial implications. Employers argue that mandatory paternity leave, like maternity leave, would increase costs, especially in small and medium enterprises.
3. Lack of Awareness and Political Will
Unlike maternity leave, which has seen significant advocacy, paternity leave does not generate the same level of public or political demand. Until employees, activists, and policymakers push for change, the issue will remain sidelined.
4. Absence of a Universal Policy
Currently, India has no mandatory paternity leave law for private-sector employees. Government employees are granted 15 days of paternity leave, but this benefit does not extend to the private sector. This disparity highlights the urgent need for legislative intervention.
How Can We Ensure Paternity Leave Becomes a Reality?
1. Legislative Action
The government must introduce a structured paternity leave policy, making it a legal right rather than an optional benefit. A minimum of 30-45 days of paid paternity leave would allow fathers to play an active role in their child’s early life.
2. Encouraging Corporate Responsibility
Private companies should be incentivized to offer paternity leave through tax benefits or recognition programs. When leading corporations adopt such policies, others are likely to follow.
3. Raising Public Awareness
A nationwide campaign highlighting the importance of paternity leave could help change societal attitudes. If employees begin demanding this right, it will push companies and lawmakers to take action.
4. Workplace Culture Change
Even in organizations that offer paternity leave, many men hesitate to take it due to stigma. Companies must foster a culture where paternity leave is normalized and encouraged, rather than seen as an unnecessary luxury.
Global Examples: What India Can Learn
Several countries have successfully implemented paternity leave policies with positive results:
Sweden: Offers 90 days of paid paternity leave as part of a shared parental leave policy. This has resulted in higher workplace equality and better child development outcomes.
Japan: Provides up to one year of paternity leave with partial salary benefits, encouraging more fathers to take an active role in parenting.
Germany: Introduced a “father’s quota,” where at least two months of paid leave is reserved exclusively for fathers, ensuring higher participation.
These examples prove that paternity leave is not just possible but beneficial for families, businesses, and economies.
Conclusion: A Child Deserves More Than Just a Name from Their Father
Paternity leave is not a privilege; it is a necessity. A child should not be deprived of a father’s love simply because the law does not recognize the importance of his presence. When a father is actively involved in childcare, it strengthens family bonds, promotes gender equality, and contributes to the well-being of both the child and the mother.

India must move beyond traditional norms and recognize that fatherhood is just as important as motherhood in a child’s life. By implementing a structured paternity leave policy, we can create a society where every child receives the love, care, and guidance of both parents—giving them a stronger foundation for a brighter future & it also help to nurturing the society.
The time for change is now. A father’s love should not be a weekend luxury but a fundamental right in every child’s life. If other nations can prioritize fatherhood, why is India lagging behind? Why should a father have to choose between his job and his newborn? When will our government recognize that a child needs more than just a provider—they need a present, loving father.