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Landmark Johannesburg Ruling Calls for Equal Parental Leave: A Lesson for India?

The Business Guardian

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March 22, 2025

The decision in Johannesburg brings into focus the parental leave policies in India, which remain deeply unequal. The Maternity Benefit (Amendment) Act, 2017 grants biological mothers up to 26 weeks of paid leave. However, adoptive and commissioning mothers are only entitled to 12 weeks, highlighting a similar disparity to that which the South African court has now ruled against.

- PARTH GAUTAM & PRAGATI SOLANKI

Landmark Johannesburg Ruling Calls for Equal Parental Leave: A Lesson for India?

Johannesburg, March 17, 2025—In a landmark decision, the Johannesburg High Court has ruled in favor of equal parental leave for all parents, regardless of gender or how they become parents. The case, Van Wyk and Others v. Department of Labour, was brought by a group of parents who challenged the disparity in parental leave policies, arguing that non-biological parents were unfairly granted fewer benefits than biological mothers.

A Case of Discrimination in Parental Leave Under South African law, biological mothers were entitled to longer maternity leave compared to adoptive and surrogate parents. The petitioners, which included fathers, adoptive mothers, and commissioning mothers (who have children via surrogacy), contended that this differentiation was unreasonable. They argued that an infant requires equal care, attention, and supervision in its early stages of life, regardless of whether the parents are biological or not. Furthermore, they highlighted that physiological recovery should not be the sole factor determining leave policies, as caregiving responsibilities remain the same.

Another crucial point in the case revolved around the role of fathers. The existing framework assumed that fathers played a secondary or "ancillary" role in parenting, thus excluding them from substantial parental leave benefits. The court found this discriminatory, stating that such policies imposed an unfair burden on mothers while failing to recognize the equal responsibility of fathers in child-rearing.

MEER VERHALEN VAN The Business Guardian

The Business Guardian

The Business Guardian

ASF INSIGNIA SECURES RS 1,250 CRORE FROM ALPHA ALTERNATIVES

The funds will also support building refinements and enhance the overall occupier experience across the campus.

time to read

1 mins

January 23, 2026

The Business Guardian

The Business Guardian

Delhi’s air quality remains ‘very poor’ amid marginal improvement

Delhi continued to grapple with ‘very poor’ air quality on Thursday morning, even as there was a marginal improvement in pollution levels, with the Air Quality Index (AQI) recorded at 312 around 7am, according to data released by the Central Pollution Control Board (CPCB).

time to read

1 min

January 23, 2026

The Business Guardian

The Business Guardian

Oil and Gas PSUs becoming tech-driven, profitable and future-ready: Puri

Union Minister for Petroleum and Natural Gas Hardeep Singh Puri on Thursday underscored that India’s oil and gas public sector undertakings (PSUs) are steadily evolving into technology-driven, profitable and future-ready energy institutions, in line with the transformative vision of Prime Minister Narendra Modi.

time to read

1 mins

January 23, 2026

The Business Guardian

The Business Guardian

India's installed power capacity rises 36% in 5 years: RBI

India has made significant progress in expanding its power generation capacity over the last five years, with installed power capacity rising by nearly 36 per cent, largely driven by rapid growth in renewable energy, according to a report released by the Reserve Bank of India (RBI).

time to read

2 mins

January 23, 2026

The Business Guardian

The Business Guardian

Delhi HC raises concern over language in Newslaundry video

The Delhi High Court on Thursday expressed concern about the language used in a Newslaundry video commenting on television content aired by the TV Today Network.

time to read

1 min

January 23, 2026

The Business Guardian

The Business Guardian

Nearly 60% of Indian businesses confident in scaling AI responsibly

Responsible Artificial Intelligence (AI) is rapidly becoming a business imperative for Indian enterprises, moving beyond ethical intent to a strategic priority linked with trust, governance, and long-term value creation, according to Nasscom's State of Responsible AT in India 2025 report.

time to read

1 mins

January 23, 2026

The Business Guardian

Shivakumar invites investors to invest in ‘City of the Future’ at Davos

Deputy Chief Minister DK Shivakumar, on Thursday, extended an invitation to investors at the World Economic Forum in Davos to invest in Bengaluru.

time to read

1 min

January 23, 2026

The Business Guardian

GLOBAL COMPANIES SIGNAL STRONG CONFIDENCE IN INDIA AT DAVOS: VAISHNAW

Global confidence in India's growth trajectory and technology ambitions was strongly evident at the World Economic Forum (WEF) Annual Meeting in Davos, Union Minister for Electronics and Information Technology Ashwini Vaishnaw said, highlighting deepening engagement with global corporations and investors across logistics, manufacturing, semiconductors, artificial intelligence, and infrastructure.

time to read

1 min

January 23, 2026

The Business Guardian

The Business Guardian

From Prayagraj to Thirunavaya: Kumbh, Mamankam and the Cartography of Sanatana Civilisation

If Mahamagham represented spiritual order, Mamankam embodied political tension within ethical boundaries.

time to read

3 mins

January 23, 2026

The Business Guardian

SOCIALISM WHERE ART THOU?

Dear Socialism where are you?

time to read

9 mins

January 23, 2026

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