‘Raising a child is not the responsibility of anyone’, Supreme Court gave this instruction to the Center on paternity leave.

Describing the role of the father in the care of the child as essential, the Supreme Court has urged the Center to make a law to recognize Paternity Leave as a social security benefit. On Tuesday (March 17, 2026), the Supreme Court ordered 12 weeks leave for women in adoption and asked the Center to consider this also.

Describing paternity leave as necessary, the court said that upbringing is not the responsibility of any one person and even though the role of the mother is important in the development of the child, it would be unjust to ignore the role of the father.

The bench of Justices JB Pardiwala and R Mahadevan also emphasized that the provision of paternity leave helps break down gender roles, encourages fathers to play an active role in child care, promotes a balanced approach to parenting and promotes gender equality in the family and workplace.

The Supreme Court said that upbringing is not the sole responsibility of the mother or father, but it is a shared responsibility in which each parent contributes to the overall development of the child. The court said that society often considers the mother’s role to be the most important and immutable in a child’s life, whereas the father’s role, although present in the early stages, is not considered as intimate or essential.

The court underlined that the role of the father is also important, and it is not right to ignore it. The Supreme Court said, ‘In the context of this discussion on the need for paternity leave, we request the Central Government to bring a provision to recognize paternity leave as a social security benefit.’

The court said, ‘We emphasize that the period of such leave should be determined in such a way that it suits the needs of both the parents and the child.’ The Supreme Court made this comment when it was hearing a petition filed regarding 12 weeks of maternity leave for women after adopting a child.

The court has repealed the provision of the Social Security Code in which a mother gets 12 weeks of maternity leave only if she adopts a child up to three months of age. The court said that every mother adopting a child should get 12 weeks of maternity leave, no matter what the age of the child.

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