Paternity Laws In India: The Imperative For Comprehensive Legislative Reform
- IJLLR Journal
- Jul 20
- 1 min read
Ms. K. Sathyapriya, Assistant Professor of Law, The Central Law College
Mrs. M. Santha Kumari, Assistant Professor of Law, The Central Law College
ABSTRACT
Contemporary discourse on parental rights and gender equality in the workplace has acquired unprecedented momentum globally, reflecting a paradigmatic shift towards recognizing shared parental responsibilities and dismantling entrenched gender roles. However, India's legal framework concerning paternity leave remains substantially underdeveloped, creating significant lacunae in the nation's labor law regime. While India has made commendable strides in institutionalizing maternity benefits through the Maternity Benefit Act, 1961,1 the statutory provisions for paternity leave remain conspicuously inadequate and fragmentary. This disparity not only perpetuates traditional gender roles but also impedes holistic family development and undermines the broader constitutional objective of achieving substantive gender equality in the workplace.
This article undertakes a comprehensive examination of India's extant legal framework governing paternity leave, analyzes the socio-legal implications of current provisions, and presents a compelling case for comprehensive legislative reform. The analysis draws upon comparative jurisprudence, empirical evidence, and established constitutional principles to demonstrate that robust paternity leave legislation constitutes not merely an employee welfare measure but a constitutional imperative for realizing gender equality and promoting child welfare.
