The rising discussions on paternity leave in India are directly connected to the achievement of Sustainable Development Goal 5. There have been growing advocacies for a law on paternity leave in the last few weeks. The Supreme Court has “urged” the central government to bring out a law recognising paternity leave by highlighting that fathers should be equal participants in caring for newborns.
Even Raghav Chadha (Member of Rajya Sabha) advocated the necessity of paternity leaves recently, highlighting how the responsibility of caregiving falls disproportionately on the mother.
Policy Gaps and Unequal Access to Paternity Leave
Central Government employees, under Central Civil Services (Leave) Rules, get up to 15 days of paternity leave. State government employees also get paternity leave, but the durations of such provisions vary from state to state. Barring the government employees, the majority of the Indian male workforce, consisting of men in the private sector, the unorganised sector and also startups, do not get any legal paternity leave.
The United Nations Sustainable Development Goals were adopted a decade ago and the realisation of these goals is still a distant reality in India. Our country’s progress towards achieving these goals, especially SDG 5, which calls for the achievement of gender equality and empowerment of all women and girls, is quite uneven.
Inequalities constitute part and parcel of Indian society, and the provision of childcare leaves also substantiates the same narrative. While the mothers get 26 weeks of paid maternity leave for the first two children. Fathers are not legally entitled to such benefits. This directly shows the level of progress in the attainment of SDG 5 in India.
The United Nations Sustainable Development Goals were adopted a decade ago and the realisation of these goals is still a distant reality in India. Our country’s progress towards achieving these goals, especially SDG 5, which calls for the achievement of gender equality and empowerment of all women and girls, is quite uneven.
Target 5.4 of Sustainable Development Goal 5 calls for recognising and valuing unpaid care and promoting shared domestic responsibilities. In India, childcare and household work are highly feminized even today. The absence of a law that mandates paternity leave, which is a care distribution mechanism, means India significantly continues to lag behind in achieving this target.
Why is this concerning?
Achievement of gender equality is one of the key issues throughout the world, especially in the third-world countries like ours. In India, gender inequality is normalised to the very core. According to the NFHS 5 data, over 30% of women in 14 out of 18 states and union territories that were surveyed justified wife-beating.
Emancipation has not been an issue on the radar of these respondents since the problem is yet to be identified. Such ingrained patriarchy can also be seen in the context of childcare, where unequal contributions have been normalised. The absence of legislation for paternity leave is likely to enable further continuation of such an unequal setup, and consequently, India’s progress towards achievement of SDG5 will be hindered.
Another issue that has to be pointed out is that India is a largely heterogeneous state, and the implementation of central legislation is unlikely to be uniform. In a country where patriarchy is so deeply rooted, will a law on paternity leave automatically lead to shared responsibilities in childcare? However, the gaps and problems of implementation can only be addressed once the law is made. The law itself is likely to be a huge step forward in the achievement of gender equality.
Paternity Leave vis-a-vis Women’s Labour Force Participation
Although India’s female labour force participation has increased over the last few years, the numbers remain low, especially in comparison to global standards (World Bank) and the discrimination against women applicants persists. The popular perception continues to be that women are likely to become mothers and, consequently, their engagement with or commitment to their jobs may be compromised. Thus, many employers remain sceptical about hiring or promoting women in the job market. This discrimination is further reinforced by the absence of paternity leave provisions. Since fathers are not legally entitled to paternity leave, employers often assume and expect higher levels of sincerity from male employees.
This is also connected to the normalisation of patriarchy wherein women are expected to give up on their jobs and aspirations and be a “sacrificing” mother. A sacrificing mother is often lauded for her credibility as a mother, and women who seek to hold on to their dreams and continue their work after childbirth are subjected to societal disapproval.
This is also connected to the normalisation of patriarchy wherein women are expected to give up on their jobs and aspirations and be a “sacrificing” mother.
In this context, it can be argued that paternity leave is more than merely a welfare scheme because its introduction is expected to reduce gendered career penalties. Without an institutional mandate for paternity leave, the market is unlikely to change its attitudes and perceptions, and the achievement of the global commitment under Sustainable Development Goal 5 (Target 5.4) will be further compromised.
To conclude, it can be said that a law on paternity leave is going to be more than just a welfare scheme, as it will introduce structural intervention by enabling redistribution of care work and challenging deeply rooted gendered inequalities. Although the passing of a law alone cannot bring about a comprehensive structural change, it is likely to be a significant starting point. In the absence of legal paternity leave provisions, childcare will continue to be identified as a “mother’s job”, undermining women’s participation in the workforce and hindering the achievement of economic equality and the broader global goal of SDG 5. The “sacrificing mother” narrative will continue to be glorified and any woman choosing to stand out will face backlash or criticism from her family and society.
The introduction of a legal paternity leave policy is desirable for the achievement of Sustainable Development Goal 5 (Target 5.4) in India because without such structural intervention, gender equality would remain an agenda without adequate realisation in reality.
