In a significant ruling, the Supreme Court on Tuesday struck down a provision that restricted maternity leave for adoptive mothers to cases where the adopted child was below three months of age. The court held that such a limitation was unconstitutional and violated fundamental rights, reported news agency PTI.
SC calls adoption part of reproductive autonomy
A bench of Justices J.B. Pardiwala and R. Mahadevan observed that adoption is an integral part of reproductive autonomy and must be treated on par with biological parenthood. The court emphasised that the right to form a family is not limited to childbirth and includes adoption as an equally valid path, reported PTI.
12 weeks maternity leave for all adoptive mothers
The apex court ruled that all adoptive mothers will be entitled to 12 weeks of maternity leave, irrespective of the age of the child at the time of adoption. The benefit will apply from the date the child is adopted.
The judgement effectively removes the age restriction imposed under Section 60(4) of the Code on Social Security, 2020.
Provision held unconstitutional and discriminatory
The court declared that the provision violated Articles 14 and 21 of the Constitution, stating that the classification based on the age of the adopted child was discriminatory and lacked a rational basis, reported PTI.
It noted that the objective of maternity leave is to ensure care, bonding and integration of the child into the family, which applies equally regardless of the child’s age.
“The provision is discriminatory for both the adoptive mother and the adoptive child,” the bench observed, adding that biological factors cannot solely determine parental rights and benefits, reported PTI.
Focus on child welfare and emotional integration
Highlighting the needs of adopted children, the court pointed out that older children, especially those coming from institutional care, may require more time to adjust to a new family environment.
It said the “best interest of the child” must be the primary consideration, and denying maternity leave in such cases undermines both the child’s welfare and the mother’s ability to provide care.
Centre urged to consider paternity leave
In a notable observation, the Supreme Court also urged the Union government to introduce provisions recognising paternity leave as a social security benefit, signalling the need for a more inclusive and gender-neutral approach to caregiving, reported PTI.
Petition challenged exclusionary provision
The ruling came on a petition filed by advocate Hamsaanandini Nanduri, who challenged the validity of the provision, arguing that it unfairly excluded adoptive mothers of older children.
The petitioner contended that the restriction made the benefit largely ineffective, as adoption of children below three months is relatively uncommon in India, reported PTI.
Landmark ruling with wide implications
The judgement is expected to have far-reaching implications for labour and adoption laws in the country. By removing the age restriction, the court has aligned maternity benefits with the realities of adoption and reinforced the principle of equality in parental rights.
(With inputs from PTI)