The National Commission for Women (NCW) has recommended converting the 730-day Child Care Leave (CCL) available to Central government employees into a gender-neutral entitlement shared equally between both working parents, as part of 37 recommendations to overhaul India’s maternity and childcare laws.
The recommendations are set out in the Commission’s “Recommendatory Report on Laws Relating to Maternity and Child Care,” submitted to the Department of Personnel and Training, the Ministry of Women and Child Development and the Ministry of Labour and Employment. The Commission has recommended extending gender-neutral Child Care Leave to the private sector, mandating paid paternity leave, and creating five lakh crèche seats by 2030 through a National Childcare Infrastructure Mission.
In a note, the NCW said: “The Commission’s Recommendatory Report on Laws Relating to Maternity and Child Care presents 37 recommendations across nine key areas, aimed at establishing a more inclusive, gender-neutral and comprehensive framework for maternity and childcare protection.”
The report proposes dividing the existing 730-day CCL structure equally between both working parents, with 365 days each, or allowing a common pool where both parents work in the same organisation. For children aged 0 to 2 years, it further proposes a 60:40 shared-care model between primary and secondary caregivers. It also recommends moving towards flexible shared parental leave systems, drawing on models used in the Nordic countries.
The recommendations were made under Section 10 of the National Commission for Women Act, 1990, which empowers the Commission to review existing laws affecting women and suggest amendments. The recommendations are not binding on the government.
Other proposals include extending maternity and childcare benefits to informal, gig and platform workers, noting that over 90% of women workers remain outside effective coverage; making the Pradhan Mantri Matru Vandana Yojana a universal and legally enforceable entitlement; and parity in maternity benefits for biological, adoptive and commissioning mothers, including increasing leave for adoptive and commissioning mothers from 12 weeks to 26 weeks.
The report also sets out multiple childcare compliance models for establishments, including on-site crèches, shared or cluster-based crèches, and contributions to a State Childcare Fund.
