SC Revokes Law Limiting Maternity Leave To Adoption Of Children; Why Court Said Current Provisions Are Unconstitutional?

In a big relief to the adoptive mothers, the Supreme Court on Tuesday struck down a law which said a woman would be eligible for maternity leave if she legally adopts a child below the age of three months. Observing that adoption is part of the right to reproductive autonomy, a bench of Justices JB Pardiwala and R Mahadevan held that an adoptive mother should be entitled to maternity leave of 12 weeks, irrespective of the age of the adopted child.

'Age Limit Of Child Is Violative Of Articles 14, 21': SC

The top court said Section 60(4) of the 2020 Code, insofar as it puts an age limit of three months on the age of the adoptive child for the adoptive mother to avail maternity benefit, is violative of Articles 14 and 21 of the Constitution.

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The top court's judgment came on a plea filed by advocate Hamsaanandini Nanduri challenging Section 60(4) of the Social Security Code that allows 12 weeks of maternity leave only if an adoptive mother adopts a child below three months of age. The Supreme Court has ruled that Section 60(4) of the Code on Social Security, 2020, which allowed adoptive mothers to avail 12 weeks’ maternity leave only if the adopted child was below three months of age, is unconstitutional and violative of the Right to Equality.

The apex court observed that the object of maternity benefits is intrinsically linked to motherhood. In this context, adoptive mothers of children above three months are similarly situated to those adopting younger infants, as both require time for bonding, caregiving and adjustment. Denying benefits based solely on the child’s age creates an artificial and unreasonable classification, it reasoned.

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SC's Move On Paternity Leave

The apex court also asked the Centre to come out with a provision recognising paternity leave as a social security benefit.

The Court further noted that the provision fails to account for the significant emotional, psychological and practical adjustments that accompany adoption, irrespective of the child’s age.

(With Agencies Inputs)