NCW proposes gender-neutral child care leave and 5 lakh creche seats

The National Commission for Women has proposed a sweeping overhaul of India's maternity and childcare laws, calling for existing child care leave to be made gender-neutral and split equally between both parents.

In a set of 37 policy recommendations submitted to the central government, the commission also urged the introduction of mandatory paid paternity leave across all sectors and the creation of five lakh creche seats by 2030.

The proposals, sent to the Department of Personnel and Training, the Ministry of Women and Child Development, and the Ministry of Labour and Employment, seek to shift childcare away from being treated as a woman's responsibility alone. They follow a national consultation on maternity and childcare laws held by the commission in May.

Splitting the child care leave

Under current rules, women in government jobs are eligible for 730 days of child care leave. The commission has proposed splitting this equally, giving 365 days to each parent, or allowing them to pool the leave if they work for the same employer. For parents of children aged up to two years, it suggests a 60:40 shared-care model between primary and secondary caregivers.

The commission wants these benefits extended to the private sector. It has proposed a phased rollout, starting with large industries before expanding to small and medium enterprises. To encourage businesses, the commission recommended offering tax incentives and financial support to employers who adopt these policies, alongside incorporating the leave into the Code on Social Security, 2020.

Support for informal and gig workers

The reforms also target the vast gap in protections for the estimated 90 per cent of Indian women who work in the informal, gig, and platform sectors. The commission recommended setting up a dedicated maternity and childcare fund, financed jointly by the state and employers, to support these workers. It also called for the Pradhan Mantri Matru Vandana Yojana, a maternity benefit scheme, to be made a universal and legally enforceable right.

For adoptive and commissioning mothers, the commission has urged raising paid leave from 12 weeks to 26 weeks to match the allowance for biological mothers. It also proposed doubling the duration of daily nursing breaks for mothers from 15 minutes to 30 minutes each, alongside a mandate for dedicated lactation rooms in workplaces.

Building childcare infrastructure

To build the necessary infrastructure, the commission proposed a National Childcare Infrastructure Mission. This would see the central and state governments collaborate to build five lakh creche seats by the end of the decade, using models such as on-site creches, cluster-based facilities for smaller firms, or direct contributions to a state childcare fund.

The commission also addressed workplace discrimination, warning that women are often penalised during recruitment or when returning from career breaks. It called for stronger penalties for non-compliant employers and a concerted effort to change the perception that employees who take child care leave are less committed to their roles.