In a landmark ruling, the Supreme Court of India on Tuesday struck down a key provision of the Code on Social Security, 2020, declaring it unconstitutional for restricting maternity leave benefits for adoptive mothers.
A bench of Justices J B Pardiwala and R Mahadevan ruled that adoptive mothers are entitled to 12 weeks of maternity leave regardless of the child’s age at the time of adoption.
What the Court Said
The court held that Section 60(4) of the law, which allowed maternity leave only if the adopted child was below three months of age, violates Articles 14 and 21 of the Constitution.
“Section 60(4)… is violative of Articles 14 and 21 of the Constitution,” the bench stated, calling the restriction arbitrary and discriminatory.
Focus on Equality and Parenthood
The apex court emphasised that motherhood is not limited to biological factors and that adoptive mothers face similar emotional and practical challenges, irrespective of the child’s age.
The judges observed that adoptive mothers of older children also require time for bonding, caregiving, and adjustment. Denying them benefits based solely on age creates an “artificial and unreasonable classification,” the court noted.
Call for Broader Reforms
In a significant observation, the court also urged the Centre to introduce provisions recognising paternity leave as a part of social security benefits, indicating a push toward more inclusive parental policies.
Case Background
The judgement came on a petition filed by advocate Hamsaanandini Nanduri, who challenged the validity of the provision restricting maternity benefits for adoptive mothers.
The ruling is expected to have a far-reaching impact on workplace policies and strengthen the rights of adoptive parents across India, ensuring equal treatment and support for all forms of parenthood.
