Policy Watch: Is it time for paternity leave in India?
Parental leave is better than before, but do we have some way still to travel?
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Policy Watch: Is it time for paternity leave in India?
All India Services recently introduced the provision for paid childcare leave for all single men in the IAS, IPS or IFos in late July 2023. Both female members of the Service and single male members are now entitled to 730 days of leave for minor children. This policy change builds on India’s legal position on paternity leave as per the Central Civil Services Rule 551 (1972). As per this rule, all government male employees are eligible for 15 days of paternity leave within six months of the birth or adoption of a child.
This raises the question on where India’s paternity leave policies should go from here?
Certain Indian policies on childcare have been celebrated. India’s amendment of the Maternity Benefit Act (1961) in 2017 to increase maternity leave from 12 weeks to 26 weeks is one example. Other pieces of childcare legislation such as a Right to Education and Midday Meal Scheme have also been appreciated. Yet, India lags behind in policies regarding paternity leave.
There remains no established and formal legislation enshrining paternity leave in India for all male employees, regardless of whether they work in the private, public, organised or unorganised sector that is not contingent on their relationship status. Professor Fredman describes the risk from protective legislation such as maternity leave which attempts to remedy disadvantages for discriminated groups. However while doing so, these policies can reinforce sex stereotypes. Indeed, responding to this policy, people have argued that only creating provisions for single male government employees to have childcare leave suggests that the mother should be predominantly responsible for childcare.
Some private companies have put in policies for paternity leave in India, such as Zomato allowing shared parental leave up to 26 weeks. Other companies such as Flipkart, Razorpay and Okcredit give up to 30 weeks of paid leave to new fathers. However even this is not comprehensive, with a 2022 diversity survey finding that 14% of Indian companies have no paternity policies at all. Only 57% of large enterprises provide 2 weeks or more of paternity leave and 31% of SMEs and start-ups.
Hence, what India needs is a centralised legislation introducing paternity leave across all sectors. In 2017, the Paternity Benefit Bill attempted to introduce legislation to do so, pushing for equal parental benefits based on the policy structure of the Maternity Benefit Bill Amendment (2017). However, this Bill was unsuccessful and did not pass. India may choose to take inspiration from countries like Sweden, Denmark and Norway with inclusive shared parental leave legislation. Countries such as Germany also go as far as to provide parental leave for up to three years after birth for both parents, as well as parental allowance.
In 2023, the World Policy Analysis Center reported that 63% of countries around the world provide guaranteed paid parental leave for fathers. Countries with more than six weeks of paid paternity leave have a 4% smaller gender wage gap and 3.7% smaller labour force participation gap. Studies have shown paternity leave’s personal benefits for fathers as well as improving overall life satisfaction for both parents by 10.8 percentage points. The 2022 diversity survey aforementioned found better productivity, gender equality and talent in the workplace of Indian companies with paternity leave.
While it may be ambitious to expect India to follow in the footsteps of progressive paternity leave policies of Western Europe, what seems to be clear is the need for a national policy protecting paternity leave as a starting point in developing the Indian workplace.
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