Supreme Court Invalidates Maternity Leave Restrictions for Adoptive Mothers

Court Ruling on Maternity Leave for Adoptive Mothers

On Tuesday, the Supreme Court ruled against a provision in the 2020 Social Security Code that limited maternity leave for adoptive mothers to those adopting infants under three months old.

The court emphasized that adoption is integral to reproductive autonomy.

Justices JB Pardiwala and R Mahadevan stated that adoptive mothers should receive a full 12 weeks of maternity leave, regardless of the child's age at adoption.

The court found that the limitation imposed by Section 60(4) of the Code infringed on the equality rights of adoptive mothers, as their responsibilities mirror those of biological mothers with younger children.

Furthermore, the ruling highlighted that this restriction violated Article 21 of the Constitution, which safeguards the right to life and personal liberty.

This decision stemmed from a 2021 petition filed by advocate Hamsaanandini Nanduri, who contested Section 5(4) of the 1961 Maternity Benefit Act. This section, amended in 2017, had previously granted maternity benefits only to those adopting children below three months.

The petitioner argued that the age-based limitation was arbitrary and breached Articles 14 and 19(1)(g), which ensure equality and the right to pursue any profession.

According to the petitioner, the provision created an unjust classification based solely on age, disregarding the complexities of India's adoption laws.

The case was initially set for judgment on December 12. However, following the enactment of the Social Security Code in November, the court allowed the challenge against Section 60(4), which parallels the earlier Maternity Benefit Act provision.

In its ruling, the court noted that the distinction made in Section 60(4) lacked a rational connection to the goals of the Social Security Code.

The court clarified that maternity benefits are linked to motherhood rather than childbirth, asserting that the nature of the child's arrival does not alter the need for maternity protection.

It stated, “Women adopting children aged three months or older share similar roles and responsibilities with those adopting younger children,” emphasizing that the needs of an adopted child are akin to those of a biological child.

In addition to striking down the provision, the court urged the Union government to establish a framework for recognizing paternity leave as a social security benefit.