The National Commission on Women (NCW) has put forward several recommendations to the government regarding maternity and childcare laws. The Commission emphasized that 'motherhood should not become a career obstacle' and called for measures to prevent discrimination in hiring women related to maternity leave.
In its report, which contains 37 suggestions, the NCW also insists on transitioning to shared parenting. This implies transforming the existing childcare legislation, which is oriented towards women, into a gender-neutral parental leave available to both parents.
The Commission advocates for extending 'gender-neutral' parental leave to the private sector, introducing mandatory paid paternity leave, and expanding the right to parental leave to include a third child through a phased model. Furthermore, the urgent need to create 500,000 nurseries by 2030 was noted.
It was recommended to ensure maternity protection for women working outside the formal sector and to extend maternity and childcare benefits to workers in the informal, gig, and platform sectors, as over 90% of working women remain outside effective coverage.
NCW submitted its recommendations to the Ministries of Personnel and Training (DoPT), as well as the Ministries of Women and Child Development and Labour and Employment. The main focus is on strengthening the system of motherhood and childcare in India through shared parenthood, universal maternity protection, and creating family-friendly workplaces.
Additionally, it was proposed to achieve equality in maternity benefits for biological, adoptive, and surrogate mothers, including increasing the duration of leave for adoptive and surrogate mothers from 12 to 26 weeks. It was also recommended to amend Section 60(4) of the Social Security Code 2020 in light of the Supreme Court's ruling concerning adopters, promoting a child-centered care approach rather than one based solely on biological motherhood.
NCW suggested dividing the existing 730-day parental leave structure equally between both working parents—365 days each—or creating a common fund that both parents working in the same organization can use. For children aged 0 to 2 years, a shared care model ratio of 60:40 between primary and secondary caregivers is proposed.
The commission also proposed extending parental leave for private sector employees through a phased implementation model, starting with large industries and then covering small and medium enterprises.


