New Delhi, Mar 17 : In a significant ruling, the Supreme Court of India has declared unconstitutional a provision that restricted maternity leave benefits for adoptive mothers based on the age of the child.
A Bench comprising Justice J. B. Pardiwala and Justice R. Mahadevan struck down Section 60(4) of the Social Security Code, which had limited 12 weeks of maternity leave only to women adopting children below three months of age. With this judgment, adoptive mothers will now be entitled to maternity leave irrespective of the child’s age.
The court observed that the age based distinction lacked a rational connection to the objective of maternity benefits, which is to ensure proper care and bonding between mother and child. It emphasised that the responsibilities of an adoptive mother remain the same, regardless of whether the child is younger or older than three months.
The ruling came while hearing a public interest litigation challenging provisions of the Maternity Benefit (Amendment) Act, 2017. The petition argued that the restriction was inconsistent with child welfare laws and undermined the rights of adoptive parents.
During the proceedings, the Centre had defended the distinction by citing additional recovery needs for biological mothers. However, the court clarified that the issue at hand was not the duration of leave but the denial of benefits solely on the basis of the child’s age at adoption.
The Bench also highlighted the practical challenges faced by adoptive mothers if denied leave, stressing that caregiving needs do not diminish with the age of the child. It further underlined the importance of inclusive policies that support all forms of motherhood.
In addition, the court noted the need to consider paternity leave as part of broader welfare measures, pointing towards evolving perspectives on shared parental responsibilities.