Paternity Benefit Bill 2017: Ray of hope towards Gender Equality

As per the social convention, the mother is required to take care of her newborn child. The upbringing of the child is considered solely as a mother's responsibility and if she fails then she is called an unfit mother. Even in the case of married working women, they are provided paid maternity leaves under Maternity Benefit Act 1961 for taking care of their child. There were no provisions for a father to take paternity leave to help with the baby. Generally only women take these leaves which leads to gender inequality both in workplace and home.

Being born in India where family is of utmost priority, it was important that a paternity leave also be provided as raising a child is the responsibility of both parents. Though there are companies who provide paternity leaves as per their HR policies but still a new law was in the dire need for making it compulsory for all companies to provide paid paternity leaves so that both parents can take equally devote time in raising the newborn child properly. 

So in 2017 when the Maternity Benefit (Amendment) Act was passed, a Paternity Benefit Bill was also proposed for working men across all sectors. Some of the important points in the bill are as follows:

1. APPLICABILITY: This Bill is applicable to whole of India and across all sectors wherein 10 or more people are employed. It is also applicable to every man who is self-employed or working in unorganized sector wherein less than 10 people are employed. The working man must have less than two surviving children and also includes an adoptive father.

2. PATERNITY LEAVE PERIOD: As per the Bill, the period of paternity leave is 15 days (out of which not more than 7 days should precede the expected delivery date) which can be extended to three months from the date of delivery of the child.

3. ENTITLEMENT TO PATERNITY BENEFIT: No man will be entitled to paternity benefit unless he has worked for the employer for not less than 80 days in 12 months immediately preceding the expected date of delivery of his child.

4. ADOPTIVE FATHER: If a man legally adopts a child aged below 3 months then he will be entitled to paternity benefit for 15 days from the date when the child is handed over to him.

5. PATERNITY BENEFIT IN CASE OF DEATH OF THE MAN: In case the man dies before receiving paternity benefit, the employer will pay such benefit to the person nominated by the man and if there is no nominee then to his legal representative.

6. PARENTAL BENEFIT SCHEME FUND: The Central Government will formulate this scheme fund to provide paternity benefit to every man by notifying the Official Gazette. All the employees, employers and the Central Government will have to contribute to this fund. This fund will be used to meet the cost of paternity benefit.

7. LEAVE FOR MISCARRIAGE: In case of miscarriage of his wife, a man can avail paternity benefit for a period of 7 days immediately after the day of miscarriage.

8. CRECHE FACILITY: Every establishment having 50 or more employees should have creche facility wherein the employer will allow the man only 4 visits a day. The creche should have a trained staff for taking care of the children.

If this Bill becomes an Act, it will be a ray of hope for gender equality which has been a dream for a very long time. The foundation of this Bill will be the forerunner of changes and blurring of gender stereotypes. Now is the correct time to grant paternity leave so that both the mother and father will equally take good care of their newborn child.