SC strikes down law restricting maternity leave for adoptive mothers

The Supreme Court on Tuesday struck down a provision that limited maternity leave for adoptive mothers to cases where the child was below three months of age, holding the classification discriminatory and violative of constitutional guarantees.

A bench of Justices J.B. Pardiwala and R. Mahadevan ruled that Section 60(4) of the Code on Social Security, 2020 violated Articles 14 and 21, and held that adoptive mothers are entitled to 12 weeks of maternity leave irrespective of the child’s age.

“We have reached the conclusion that Section 60(4)… is violative of Articles 14 and 21,” the bench said, observing that adoption forms part of a woman’s right to reproductive autonomy.

Court expands scope of maternity protection

The court held that maternity benefits are linked to motherhood rather than childbirth and cannot be restricted based on the age of the adopted child.

“The purpose of maternity protection does not vary with the manner in which the child is brought into the life of the beneficiary mother,” the bench said.

It added that adoptive mothers, irrespective of the child’s age, face similar responsibilities and caregiving obligations.

“The distinction… does not have a rational nexus with the object of the 2020 Code,” the court observed.

The bench noted that adoption involves significant emotional, psychological and practical adjustments for both the child and the parent, especially in cases involving older children, children with disabilities or single mothers.

Emphasis on equality and social welfare

The court said denying maternity benefits based on an arbitrary age threshold undermines the purpose of social welfare legislation.

“The protection of maternity leave is a basic human right… required to promote equality in the workplace and safeguard maternal and child health,” it said.

It further observed that extending maternity leave is essential for enabling women to fulfil parental responsibilities while maintaining economic independence.

Petition and broader directions

The judgment came on a plea filed by advocate Hamsaanandini Nanduri, who challenged the provision as arbitrary and discriminatory.

The court also asked the Centre to consider introducing provisions recognising paternity leave as a social security benefit.

Under the Code on Social Security, 2020, adoptive mothers were entitled to 12 weeks of maternity leave only if the child adopted was below three months of age.

The court held that such classification ignored the realities of adoption and failed to meet constitutional standards of equality and dignity.