Need And Scope Of Paternity Leave In India

   Abstract[1]

Every child needs a father in his life and his presence plays a vital role in a child’s growth and development, a father’s involvement in a child’s life makes a very big difference and fathers are very different from mothers as a parent. India recognizes the role of the mothers on the child’s life, and there are provisions and legislation regarding mothers leave during and after giving the birth to a child. There are paid leave for mothers known as Maternity leave provided by the government itself for both private and public sectors. But there are no such provision related to Fathers leave. Since fathers or men don’t have such an advantage, they tend to be absent from their child’s initial years of growth and their childhood which ultimately affects the growth and development of the child and the family. India, which has the highest infant population is now considering and proposing Paternity benefit Bill 2017 to be presented in next parliament secession. This paper seeks to draw attention towards the Indian father and non-availability of such provision in India. The paper focuses mainly on need, importance and scope of paternity leave for fathers in India. The research deals with primary data which was collected from a sample of small 30 male respondents working in private sector and secondary data. Data analysis was conducted through statutory examination and interpretation.

Keywords: Fathers, Child, Mothers, Legislation, paternal leave, law, Paternity Benefit Bill 2017, India , Maternity leave

1.Introduction

  Role played by a mother is very important and crucial, mothers give birth to an infant, then they are required to take care of the child and herself, it becomes emotionally and physically draining for a mother. Nowadays, there are nuclear families, it becomes difficult for mothers to take care of newborn child as well as herself simultaneously because couple prefers to be working parents. Due to commitments at work the father and mother both misses the opportunity to bond with the child especially father as men in the Indian society are considered as bread earner. A father needs and is required to spend some time to bond and to look after the newborn child, if the father has the opportunity to stay at home  then he might be able to look after his wife and his infant child. It is important as it gives time to the father to create a bond with his child, and makes him realize his responsibility and give the child a better environment. Due to absence of such provisions fathers feel distant from their families, they fail to perform efficiently at work, which affects the child and he misses his father’s warmth, affection and bond[2]. Japan , South Korea , Mauritius ,Africa , Tajikistan, Brazil and many other countries have provisions related to paid and unpaid paternity leave. And currently, India , is ready to have such provision[3]. This research paper focuses on paternity leave in India, it’s scope, effectiveness, importance. For this study, primary data was collected through questionnaire from two organizations to evaluate their responses and to determine the provisions, rules provided by the company.

2.  Methodology

This research is empirical in nature. For paper, the primary data and knowledge were gathered, processed and examined via the questionnaire. Various academics and researchers gathered the secondary knowledge, written books, journals, periodicals, research paper, conference paper, and websites.

3.  Aim

The main aim of this research is to acknowledge the problems faced by the fathers during and after the birth of a newborn. This paper mainly focus on paternity leave, it’s scope, availability, effectiveness and importance for Indian fathers.

4.  Rationale Of The Study

As working sector is growing, various organizations give various benefits to its employees. Indian government has a policy regarding maternity leave in both private and public sector, whereas there is no such policy for fathers. It is the need of the hour to have a provision regarding paternity leave in India for the fathers who feel distant from their child and family.

5.   Research Design

The research was done using various research papers, articles, and raw information present on the internet, as well as books from different publications. It is an empirical research and is carried out with the result in order to understand the matter in depth.

6. Importance Of a Father In a Child’s Life

Mother and father each assume distinctive job in a child’s life. The exploration about a mother’s job in a child’s improvement is for the most part a result of research in regards to connection hypothesis. No such hypothesis exists for fathers, which might be the explanation that previous father’s effect on the child’s life was not thought about, however now inquire about on father’s job in a child’s life is taken by specialists. It is presently settled and demonstrated actuality that fathers assume a fundamental job in the childhood of their child, they can be as touchy and supporting to their child like mothers. A father’s quality can encourage the child to create them subjective, socially, genuinely and sincerely during their development procedure and father love can be valuable in mental prosperity and wellbeing, just as in mental and conduct issues of the child. A few fathers imagine that they are just extra set of additional hands to help around the house which is false, father-child related exercises is imperative for children since it is physical and profoundly animating, which allows the child to feel the enactment and guideline of excitement. The more drawn out fathers invest energy with their children, the better they comprehend their signals and the environmental factors around them and the more grounded connection and bond they will in general set up. At the point when fathers are occupied with dealing with their child, they become solidly appended to their fathers, are stronger and inquisitive, and they are progressively certain to investigate and gain from it.

Furthermore, when infants are mature enough to play with their dads, the relationship can truly start to sprout and create. Moms and fathers normally have distinctive play styles and conduct. Mothers will in general cooperate or speak with the child utilizing all the more alleviating voices. Fathers, then again, will in general be all the more invigorating and imaginative in their play styles, they invest more energy with their children playing as play is a route through which fathers draw near to the child[4].

6.1 What is Paternity Leave ?

What individuals think or allude to as paternity leave that it is the timeframe when a father quits working since he is going to have or preparing, or has recently had (or adopted) a child. For the most part, this is called family leave or parental leave since this leave can apply to mothers, fathers, or household accomplices. An organization could or might not have an official paternity leave strategy, and it can either be paid or unpaid. Paternity leave can be characterized as a timeframe that a dad is lawfully permitted to be away from his activity so he can invest energy with his new infant or a time away from work by a father to deal with his infant child. Paternity leave can be considered as a family approach which makes sexual orientation balance between the both at home and at work. Maternity leave for men has another name: paternity leave. This sort of leave is rarely paid. There are, in any case, dynamic organizations offering new fathers to take some time off which may fluctuate from a couple of days to half a month. Each parent is qualified for a specific set measure of leave.[5]

6.2 Paternity leave in other countries

As per data analysis discharged by UNICEF, the U.N. children’s’ agency, nearly around 66% of the world’s children are under age 1 and almost 90 million children live in the nations where fathers are not qualified to take paternity leave and there is no law with respect to it. In these nations, this strategy is regularly set by the employers and the government. Japan and South Korea have various principal liberal strategies within the world. One year of paid leave is accessible to all the dads, yet just hardly any father exploits it, according to OECD. The U.S. is home to 4,000,000 infants, and is one among eight nations along with Papua New Guinea, Suriname and five little Pacific Island states where there is no law in regards to paid parental leave.

As indicated by UNICEF, paid fatherly leave has been presented with developing number of states in the U.S. The nations with huge population like Brazil, an upper middle income nation, and the Democratic Republic of Congo, a low-income nation, offer three weeks of paid paternity leave. Low-income nation, Tajikistan, and some lower-middle income nations, similar to Uzbekistan and Mongolia, offer over 14 weeks of paid leave for fathers. Indeed, even Africa has arrangement for paid paternity leave. Germany offers 67 weeks of downtime, and additionally has a framework, where there is a chance that both the parents guarantee two months of leave, and they can get an additional two months paid leave. Norway offers guardians as long as 101 weeks of absolute paid leave. Sweden offers adaptable approach and license 480 paid days to parents, and furthermore permits them to go through their parental leave until the child is 12 years of age[6].

6.3 Paternity leave in India

In India, the idea of paternity leave is new and a lot of men don’t benefit it, regardless of whether they have a choice or not. It’s more about the viewpoint or outlook than organizations or laws. In any case, in a nuclear family, fathers are considered as additional set of hands. Gradually, individuals are getting progressively mindful, as opposed to organization strategies or rules; the viewpoint of men should be change. Barely, any dad takes paternity leave. Prior, there was no such idea or thought yet even now, the circumstance has not changed a lot. Whenever required, fathers take a day or two off, yet not a constant paternity leave. Additionally, nonattendance at work can mean loss of chances and relatively few men approve of this. An ongoing report done by Promundo, a US-based association, has uncovered that over 80% of men in Egypt, India, Pakistan, Moldova, Nigeria and Mali said work involving nappies, washing and taking care of kids were women’s activity. It further expressed that only less than half of the fathers around the world take all the paternity leave on offer. For a few men, the concern that a six-month break may turn into a vocation inversion which is somewhat genuine and disappointing. New mothers regularly think that it is extremely hard to coordinate in the workforce subsequently, so men probably won’t be complacent in availing the paternity leave. It is apparent that people are similarly mindful and obligated for the family. Not allowing men to invest energy with their families detracts from their self-improvement and hamper the couple’s relationship. It sends a poor message to men and underestimates their significance inside the family. It serves to partition among people, particularly when India needs the more youthful age to step away from the customary entrenchment and bifurcation of people’s jobs in the public arena. [7]

6.4 Companies with paternity leave policies

Many top organizations have arrangement with respect to paternity leave for their workers. Zomato is one of them. Their primary point behind giving its representatives 26-week paid parental leave was to accomplish sexual orientation balance. Zomato accepts this approach as a reasonable beginning to a reality where the parents are permitted, supported, to accept equivalent accountability.[8] Ernst and Young gives seven-day paternity leave. PolicyBazaar.com, accepts father’s job is as significant as a mother’s in bringing up a child and give 15 days of paternity leave. PepsiCo India gives 12 weeks paternity leave, then again Microsoft India give a month and a half of paid paternity leave, other than offering adaptable work course of action. Amazon, in 2015, began offering all fathers and new parents a month and a half of paid leave. Reddit changed its strategies to stress on adaptability. This incorporate four months of paid leave for birth, assenting, or non-permanent parents; and applies to both mother and father. The Netflix parental leave strategy permits new parents a one year of paid leave. Also, numerous different organizations give paternity leave to their employees [9].

7. Important legal provisions of Paternity Benefit Bill 2017

 7.1 Objective of the bill

The primary point of this bill is to give advantage to natural parent, new parent, or an individual acting in loco parentis to the child. If this bill gets authorized, it will be beneficial to the workers of unorganized sector. Introduction of paternity leave will guarantee that the mother gets help and support from the father during and after the birth of child.

7.1 Applicability

It reaches out to entire of India and it will be material to all establishments like assembling plants or industrial factory, mine and so forth either belonging to government or private segments, including men who are independently employed or working in disorderly or unorganized sector where under ten individuals are employed.

7.2 Payment of the employees

Each employee will be qualified to receive the paternity advantage with the same rate as the daily average wage payable to an employee, regulated by Minimum Wages Act ,1948 .

7.3 Working duration

A man will be qualified to such benefit only if he had worked in establishment for period of not less than 80 days in the year,  preceding the expected date of delivery of the child.

7.4 Leave Duration

An employee with less than two enduring kids will be qualified for get paternity advantage for the time period of fifteen days, of that less than seven days shall precede the date of anticipated conveyance. It can be availed upto three months from the date of conveyance of child. This Act likewise provide provisions for exceptional cases .

7.5   Paternal scheme Benefit and fund

Parental benefit Scheme will be introduced by central government with proper guidelines to provide paternity benefit to every father. The government will create a fund for carrying out the purpose of paternity benefits known as Paternity Scheme Benefit Fund.

7.6  Advance Compensation

The sum under paternity advantage for the period, will be paid ahead of time by the employer to employee on production of proof that his significant other is anticipating a kid, and the sum due for the period ought to be paid to the worker inside forty eight hours after the production of evidence.

 7.7   No Dismissal

If a man takes leave in accordance with the provisions of this Act, it will be held unlawful for his employer to discharge or dismiss him from the establishment during such absence.

In the event that an employee disappears as per the arrangements of this Act, it will be held unlawful for his employer to release or excuse him from the establishment during such disappearance.

7.8   Inspecting official

The appropriate government by giving notice in the Official Gazette may appoint officials as it believes fit to meet the objectives of this Act and the local limits of jurisdiction to be defined by administering authority. Each Inspector delegated under this Act is considered to be a public servant as per section 21 of the Indian Penal Code, 1860.

7.9 Non fulfillment of the benefit

If an employer neglects to pay any measure of paternity advantage to a man entitled under this Act, he will be rebuffed with detainment, at the very least three months however may stretch out to one year and with fine not less than twenty thousand rupees but may extend to fifty thousand rupees.

7.10 Miscarriage  

In the event of premature delivery, the Act provides that the employer after production of such proof is qualified for compensation at the pace of paternity advantage for the time of seven days promptly following the day of the miscarriage.

7.11 Adoption  

According to the provisions of this Act, every man who legally adopts a child below the age of three months or the legal husband of the commissioning mother, will be entitled to paternity benefit for a period of fifteen days from the date the child is handed over to the adopting father or legal husband.[10]

8.  Data Analysis

Data has been collected from a mini sample of 30 male working professionals. Questionnaire has been filled by the respondents. Following is the analysis of data collected:

Although, data has been collected from different age groups to compare the feedbacks given by them in context of Paternity Benefit  Bill, 2017. Among those professionals participating in the survey, 67 percent are falling in the age group of (30-40), which is commonly found to be the age bracket for new fathers. Around 70 percent of these male respondents are married. Most of the respondents work in a private organisation and most of them are employees in their organisation.77 percent of these male respondents are father of a child. 

Around 67 percent says that their organisation does not have any policy or provision regarding paternity leave and 87 percent respondents considers paternity leave as very important for them. 90 percent of them considers paid paternity leave as very important. More than half of the respondents wants 3 weeks paternity leave from their organisation.

For 36 percent respondent desire to be an active co parent and for 30 percent the amount of paid leave  influence their decision to take their time off from their work or job. Around 43 percent of these respondents want to spend their time off immediately after the birth of their child by taking care of newborn child and 40 percent want to spend their time by helping their partners with house chores.60 percent of these male respondents would like to do work from home after their child’s birth.53 percent of these male respondents considers  3-4 weeks as a right amount of paternity leave for the indian fathers.And 60 percent of these male respondent would like to take this leave when their partner’s leave will end.

70 percent of male respondents are not aware about Paternity  Benefit Bill 2017 which was proposed by a MP in maharashtra in Lok Sabha.More than 90 percent male respondents want paternity leave provision to be introduced in india .

9. Interpretation

“Child care is the joint responsibility of both parents. They must devote time to the newborn to ensure its proper well-being”[11]

                                                                                                                     –  Rajeev Satav, MP

 There are more nuclear families than joint families, these nuclear family mainly includes parents and children and this family can also be called as modern family or modern era family. Couples generally are dual couple i.e. both are working which makes impossible for them to start a new family or to take care of a new child. Due to work commitments and pressure parents often neglects the child which ultimately affects his upbringing and care. According to the data, around 77 percent are father of a child and 67 percent consider paternity leave as very important. Fathers play a very vital role in a child’s life which cannot be fulfilled or taken by any other person.  .  the role of the father can have an adverse impact on the child and can help the child to shape his personality and the type of person he becomes. In India there is provision related to maternity leave, the government offers paid leave to mothers but there is no such provision for fathers and due to non-availability of paternity leave provision they are often busy with their work and commitments that they hardly get any time to spend time with their children and partner. Many countries have provision for such leave, now it’s time for India to have such provision for Indian fathers. Indian Government took a step towards recognizing the need of fathers or men and Paternity Benefit Bill was introduced which will be discussed in next parliament secession.


[1]  Diya Malik, 3 rd Year BBA LL.B. (Hons.), Amity Law School, Noida

[4] The Importance of Dads, ( 18 april 2017),https://boba.com/blogs/boba-reads/the-importance-of-dads

(last visited Apr 25 ,2020)

[5] Medora W. Barnes, Paternal leave, , Encyclopedia Britannica,(31 December 2018), https://www.britannica.com/topic/parental-leave (last visited Apr 27,2020)

[6] Malaka Gharib, Which Countries Guarantee That New Dads Get Paid Paternity Leave (June 14, 2018, 4:31 PM ) https://www.npr.org/sections/goatsandsoda/2018/06/14/619604235/which-countries-guarantee-that-new-dads-get-paid-paternity-leave (last visited Apr 28,2020)

[7]   Ipsita Bhattachrya , Is India ready for paternity leave?, times of india,( Jun 16, 2019, 01:00 PM), https://timesofindia.indiatimes.com/life-style/spotlight/is-india-ready-for-paternity-leave/articleshow/69801652.cms (last visited  Apr 28,2020)

[8] Ipsita Bhattachrya ,Is India ready for paternity leave?, times of india,( Jun 16, 2019, 01:00 IST), https://timesofindia.indiatimes.com/life-style/spotlight/is-india-ready-for-paternity-leave/articleshow/69801652.cms (last visited  Apr 30 ,2020)

[9] 8 companies with great parental leave policies, India today, ( July 10, 2019 18:07 PM), https://www.indiatoday.in/education-today/gk-current-affairs/story/8-companies-with-great-parental-leave-policies-1560519-2019-07-10 (last visited Apr 30,2020)

[10] Anubhav Pandey, Paternity Leave Policies in India,( October 11, 2018), https://blog.ipleaders.in/paternity-leave-india/  (last visited May 3,2020)

[11] Paternity Leave Policies in India,( October 11, 2018),

https://blog.ipleaders.in/paternity-leave-india/  (last visited May 3,2020)

By-

Diya Malik

Amity Law School, Noida

Share on facebook
Share on twitter
Share on linkedin
Share on whatsapp

Leave a Comment

Your email address will not be published. Required fields are marked *

This Content is Protected.