It is well know that the Maternity Benefit Act, 1961 was amended and came into effect in April, 2017. The Act made significant amendments by allowing up to 26 weeks paid leave for expectant mothers.  While this was a major relief to the all working mothers, there seemed to be no law to address the issue of paternity leave (to be taken by father during and after their child’s delivery).

As of now, the All India and Central Civil Services Rules allow Central government employees 15 days of paid paternity leave for children born naturally to them or are being adopted. This is applicable to all Central government employees including apprentice and probationer. Such leave is to be availed within 6 months of the child birth or adoption. In the absence of such provisions governing the private sector, every organisation is fixing its own internal policies on granting paternity leave.

In 2009, despite there being no express law, the Delhi HC ruled that a private school teacher be entitled to paid paternity leave for the 15 days leave he took during his child’s birth.

In 2017, the Asia Pacific wing of Deutsche Bank delinked leave from gender and extended paid paternity leave of 6 months (the same it extends for maternity leave.), if they happened to be primary care givers.

However, it was in September, 2017 that an Indian politician initiated the Paternity Benefit Bill, 2017. Likely to be considered in the next session of the parliament, the main objective of the bill is to push for equal parental benefits for both the mother and the father. The bill proposes paid leave of up to 3 months to the expecting father. The core objective of the enactment being that child rearing/ raising is the joint responsibility of both parents. It is up to both parents (not only the mother) to ensure the child’s wellbeing. The bill is inclusive in nature as it aims at providing similar benefits to adoptive fathers and those who have had a child through surrogacy.

Efforts are on to constitute a parental benefit scheme where the government as well as employees contribute to the scheme.

Internationally, countries like Scandinavia were the earliest to initiate, regulate and provide paid paternity leave. Norway and Sweden followed suit. Swedish authorities believe that providing 2 months paternal leave has actually reduced the divorce in the country! Iceland, Spain and Germany are providing paid paternity leave anywhere between 30 days to 480 days.

Many fathers do not take leave during their child birth fearing that it may affect their career, professional growth and income / savings.

However, paternity leave enable new fathers to be present during child birth, support their wives during the challenging time of child birth, foster father-child relationship, share responsibilities pre and post child birth and generally contribute to completing the family. Alongside it curtails perceptions about gender stereotype.