Bringing Back the Paternity Benefit Bill: A Vital Legal Reform to Address India's Outdated Parental Leave Policies  and Promote Workplace Equality Through Empirical Evidence

Article 11 Bringing Back the Paternity Benefit Bill: A Vital Legal Reform to Address India's Outdated Parental Leave Policies and Promote Workplace Equality Through Empirical Evidence Author- Mitali Srivastava and Saibaa Ghazala Page Number: 180-212 Link to the Article: https://www.cllra.com/_files/ugd/efb1cc_b530245dae5546b2a2458a51806b9311.pdf Abstract: India’s parental leave framework is predominantly focused towards maternal benefits, with paternity leave receiving minimal attention. While the Maternity Benefit Act, 1961, mandates 26 weeks of paid leave for mothers, the Central Civil Services (Leave) Rules, 1972, provide only 15 days of paternity leave for government employees and no mandatory protections for private-sector workers. The Paternity Benefit Bill, 2017, aimed to address this imbalance by proposing paternity leave for fathers across all industries, including adoptive and surrogate parents. However, its dismissal left India without adequate safeguards for shared parenting responsibilities. This paper examines how the absence of comprehensive paternity leave laws violates Article 21 of the Indian Constitution, particularly the Right to Parenthood and a child’s Right to Holistic Development. Judicial interpretations emphasize shared parenting's role in early childhood, yet the lack of legal protections perpetuates gender imbalances, forcing women to bear the dual burden of work and caregiving. Drawing on global best practices from the ILO’s Maternity and Paternity at Work report, this study analyses the societal and economic advantages of paternity leave. Empirical research conducted across private Indian companies evaluates the benefits of voluntary paternity leave policies, including improved workplace dynamics and employee satisfaction. By combining international standards with local data, this paper advocates for reinstating the Paternity Benefit Bill as a crucial step toward gender equity at home and in the workplace. Without these reforms, women will remain disproportionately burdened with caregiving, limiting their workforce participation and reinforcing systemic inequalities.Keywords- Paternity leave, Paternity Benefit Bill, Central Civil Services, Child Development.