NCW recommends gender-neutral child care leave, 5 lakh creches by 2030
Synopsis
Key Takeaways
The National Commission for Women (NCW) has submitted a sweeping 37-point recommendatory report to the Central government, calling for gender-neutral Child Care Leave (CCL) in the private sector, mandatory paid paternity leave, and the creation of 5 lakh crèche seats by 2030. The recommendations, submitted to the Department of Personnel and Training (DoPT), the Ministry of Women and Child Development, and the Ministry of Labour and Employment, aim to overhaul India's maternity and childcare protection framework.
Key Recommendations at a Glance
The NCW's report spans nine key areas, including maternity benefits, paternity leave, childcare infrastructure, nursing and lactation support, private-sector coverage, legal harmonisation, and workplace discrimination prevention. The Commission has proposed a National Childcare Infrastructure Mission to create 5 lakh crèche seats by 2030 through Union–State cooperation. It has also called for extending maternity and childcare benefits to informal, gig, and platform workers, noting that over 90% of women workers currently remain outside effective coverage.
A Shift Towards Shared Parenting
In one of the most significant structural shifts proposed, the NCW has recommended transforming the existing women-centric CCL framework into a gender-neutral Child Care Leave system available to either parent. Under the proposal, the existing 730-day CCL structure would be divided equally — 365 days each for both working parents — or pooled into a common entitlement where both parents are employed in the same organisation. For children aged 0–2 years, the report further proposes a 60:40 shared-care model between primary and secondary caregivers. The Commission also recommended introducing mandatory paid paternity leave in private and unorganised sectors, recognising fathers as essential participants in early childcare.
Expanding Protections for Adoptive and Commissioning Mothers
The report calls for parity in maternity benefits across biological, adoptive, and commissioning mothers. Notably, it recommends increasing leave for adoptive and commissioning mothers from 12 weeks to 26 weeks — aligning their entitlement with that of biological mothers. It also calls for amending Section 60(4) of the Social Security Code, 2020 in light of a Supreme Court ruling concerning adoptive mothers, advocating a child-centric caregiving framework over distinctions based solely on biological motherhood.
Formalising Legal Entitlements
The NCW has recommended operationalising Section 109 of the Code on Social Security, 2020 through a dedicated Maternity and Childcare Fund, supported jointly by the State and employers. It has also proposed making the Pradhan Mantri Matru Vandana Yojana (PMMVY) a universal and legally enforceable entitlement — a move that would shift the scheme from discretionary benefit to statutory right. The recommendations are grounded in Section 10 of the National Commission for Women Act, 1990, which empowers the Commission to review laws affecting women and propose legislative amendments.
Background and Process
The recommendations emerged from deliberations at the National Consultation on Laws Relating to Maternity and Child Care, held on 5 May 2026 at the Ambedkar International Centre in New Delhi. The report now awaits response from the three ministries to which it has been submitted. How quickly the Centre acts — particularly on private-sector mandates and the crèche mission — will determine whether these proposals translate into enforceable policy.