New Delhi: The Supreme Court on Tuesday delivered a significant verdict, declaring unconstitutional a legal provision that limited maternity leave only to women adopting a child younger than three months. The court clarified that the child’s age does not matter and every woman who adopts a child should receive 12 weeks of maternity leave from the date of adoption. The court also stated that adoptive mothers must receive rights equal to those of biological mothers.
During the hearing, the Supreme Court bench clarified that the age-based discrimination in Section 60(4) of the ‘Code on Social Security, 2020’ is unconstitutional. The court stated that this provision violates Articles 14 and 21 of the Constitution as it does not treat adoptive mothers equally. The bench emphasized that the purpose of maternity leave should not be determined by how the child came into the family. Whether the child is under three months old or older, there is no difference in the mother’s role and responsibility.
The court also held that the right to reproductive freedom is not limited to biological birth but also includes adoption. This is part of a broader constitutional concept of parenthood.
Furthermore, the Supreme Court also suggested to the Central Government to consider formulating a policy on paternity leave. The court indicated the need for a more balanced and gender-neutral system for childcare to ensure an equal distribution of responsibilities.
The court, prioritizing the child’s best interest in its decision, stated that older children, especially those adopted from institutional care, take longer to emotionally bond and adjust with a new family. Therefore, it is crucial that they receive sufficient time to assimilate with the family, and maternity leave should be provided for this purpose.
This significant decision came on a petition filed by Karnataka lawyer Hamsanandini Nanduri, who challenged the provision previously included in the Maternity Benefit Act, 1961, and later in the ‘Code on Social Security, 2020’. The petition described it as arbitrary and discriminatory. Advocate Baani Dixit, appearing on her behalf, argued that cases of adopting children under three months of age are very rare in India’s adoption process, thus rendering this age limit practically ineffective.
