It is very important to note that the concept of paternity leave is something that is often overlooked when it comes to the Indian Law Regime especially taking into consideration the fact that the same has not even been discussed in detail by the International Labor Organization. This paper will look at the existing Paternal Leave Laws, form a critical overview on the Paternity Benefit Bill, 2017 that was proposed and analyses the loopholes In the same. The paper also looks at what exactly can be considered as something that comes under the scope of “Paternity” especially with regards to the recent de-criminalisation of homosexual couples. Further, the research paper contains a brief analysis of the case Chandermohan Jain v. N.K.Bagrodia High School which is the first case that discussed the issue of paternity leave in private institutions while finally concluding with the author’s suggestions as to how the concept of paternity leave can be enforced in India.
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