Supreme Court Delivers Landmark Ruling on Maternity Leave for Adoptive Mothers
In a significant judgment that reinforces reproductive autonomy, the Supreme Court of India on Tuesday struck down a contentious legal provision that restricted maternity leave benefits to women who adopt children below three months of age. The bench, comprising Justices J B Pardiwala and R Mahadevan, declared that an adoptive mother is entitled to a full 12 weeks of maternity leave irrespective of the age of the adopted child.
Constitutional Violation Found in Age-Based Distinction
The court specifically addressed Section 60(4) of the Social Security Code, 2020, which had imposed the three-month age limit. The bench unequivocally stated that this provision violates Articles 14 and 21 of the Constitution of India, which guarantee equality before the law and the right to life and personal liberty. Justice Pardiwala, in the judgment, emphasized that "the age limit renders the provision illusory and devoid of practical application."
The court found that the distinction drawn by the law had no rational nexus with the objectives of the Social Security Code. It noted that the need for maternal care for an adopted child does not diminish based on age, making the classification arbitrary and unreasonable.
Court Reads Down Provision to Ensure Inclusivity
In its ruling, the Supreme Court read down the provision to state: "A woman who legally adopts a child, or a commissioning mother, shall be entitled to maternity benefit for a period of 12 weeks from the date the child is handed over to the adopting mother or the commissioning mother, as the case may be." This modification removes the previous restriction that limited benefits to adoptions of children "below the age of three months."
The judgment originated from a plea filed by advocate Hamsaanandini Nanduri, who challenged Section 60(4) of the Social Security Code. The petition was initially filed in 2021 against similar provisions in the Maternity Benefit Act, 1961, as amended in 2017. The court had issued notice to the Union government on a related Public Interest Litigation (PIL) filed by an adoptive mother on November 12, 2024.
Broader Implications for Parental Leave Policies
Beyond addressing maternity leave for adoptive mothers, the Supreme Court's ruling has broader implications for parental leave policies in India. The bench directed the Centre to introduce provisions recognizing paternity leave as a social security benefit. It emphasized that the duration of such leave should be determined in a manner responsive to the needs of both parents, promoting a more equitable approach to childcare responsibilities.
This judgment underscores the court's commitment to ensuring that social security measures are inclusive and non-discriminatory. By eliminating age-based restrictions, the ruling acknowledges the diverse circumstances of adoptive families and aligns legal provisions with the principles of reproductive autonomy and equal protection under the law.
