Key Terms & Concepts — UPSC Mains
Paternity Leave
"Leave granted to fathers around the time of a child's birth or adoption, aimed at enabling shared parenting and gender equality in caregiving"
Paternity leave is a period of leave from work granted to a father around the time of a child's birth or adoption. In India, paternity leave has no statutory foundation in labour law for the private sector. Central Government employees are entitled to 15 days of paid paternity leave under Rule 43-A of the Central Civil Services (Leave) Rules, 1972. The Code on Social Security, 2020, which consolidates nine labour laws, contains no provision for paternity leave. In March 2026, the Supreme Court in Hamsaanandini Nanduri v. Union of India (2026 INSC 246) urged the Central Government to frame a comprehensive paternity leave law, observing that 'proximity is not identical to presence' and that the absence of statutory paternity leave reinforces gendered caregiving roles. The OECD average for paid father-specific leave is approximately 13 weeks; 35 of 38 OECD nations provide some form of paternity leave.
Paternity leave is significant for UPSC GS-1 (social issues, gender roles), GS-2 (governance, social legislation), and GS-4 (ethics of care, gender justice). The Supreme Court's 2026 observation makes this a highly current topic connecting labour law, gender equality, and social security reform.
- 1 No statutory paternity leave exists for private sector workers in India
- 2 Central Government employees get 15 days under CCS (Leave) Rules, 1972 (Rule 43-A)
- 3 Code on Social Security, 2020 contains no paternity leave provision
- 4 SC in Hamsaanandini case (March 2026) urged government to frame comprehensive paternity leave law
- 5 Maternity Benefit Act, 1961 (amended 2017) provides 26 weeks for women — among the most generous globally
- 6 OECD average paid paternity leave is approximately 13 weeks
- 7 Spain leads with 16-17 weeks of fully paid paternity leave equal to maternity leave
The Supreme Court in Hamsaanandini Nanduri v. Union of India (March 2026) observed that 'proximity is not identical to presence' and urged the government to recognise paternity leave as a social security benefit.