PAID PARENTAL LEAVE: A ‘JUST’ ALTERNATIVE TO MATERNITY LEAVE (PRACHETA RATHORE & NANDINI CHOWDHRY, ANOUSHKA SOOD)

TABLE OF CONTENTS S’no Topic Pg No. 1. Introduction 3 2. Rawlsian Concepts Decoded 3 3. Application of Rawlsian Concepts On Paid-Maternity Leave 4 4. Demerits of Maternity Leave 6 5. Solution: Parental Leave 7

Furthermore, an application of the two principles and the veil of ignorance will help demonstrating how parental leaves comply with Rawls’s conception of Justice. Being in accordance with the first principle, 14 it gives men the liberty to be able to tend to their family’s needs whilst being able to bond with them, a liberty which was otherwise overlooked due to the workload. It also grants women the liberty to be able to address their children’s welfare and personal health without having to compromise on their professional life. Subsequently, it honours the second principle15by providing a fair and equal opportunity to both parents to cater to their parental responsibilities without neglecting fair and equal professional opportunities. A single segment is not alienated on grounds of inefficiency or extreme workload. The assumption that a female will at a certain point in life choose to conceive and that would result in her time off is no more just restricted to her. The same assumption can now be made for all individuals. Moreover, under the veil of ignorance, individuals ignorant to historical oppression or lived experiences or lived experiences wouldn’t view such policies as providing special treatment to some while burdening the other with work arising from it. Such individuals shall also agree upon parental leave, as through their view-point it promotes non-differential treatment. Moreover, the only possible situation wherein anyone could reject paternity leave would be the engrailment of severe patriarchal notions in their mind-sets, for instance, rural India, wherein despite a woman's appointment as the “sarpanch”, she is not allowed to function as a sarpanch but is instead controlled by a male member of the society who is given the title of “sarpanchpati”. Although, even in such a situations the male is benefiting from the paid leave and hence, would choose not to actively voice dissent despite not agreeing with the approach. Therefore, by applying the conceptual understanding of Rawlsian justice to paid-maternity leaves, we can suggest the implementation of paid-parental leaves as a more-just and equitable solution to secure justice for all, without creating ripple effects of discrimination towards women.