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The Supreme Court on Tuesday (March 17) ruled that Section 60(4) of the Code on Social Security, 2020, which allowed adoptive mothers to avail 12 weeks’ maternity leave only if the adopted child was below 3-months of age, is unconstitutional and violative of the Right to Equality for adoptive parents and the child.
A bench of Justices J B Pardiwala and R Mahadevan held that an adoptive mother should be entitled to maternity leave of 12 weeks, irrespective of the age of the adopted child. “Section 60(4) of the 2020 Code, insofar as it puts an age limit of three months on the age of the adoptive child for the adoptive mother to avail maternity benefit, is violative of Articles 14 and 21 of the Constitution,” the bench said.
The apex court observed that the object of maternity benefits is intrinsically linked to motherhood. “In this context, adoptive mothers of children above three months are similarly situated to those adopting younger infants, as both require time for bonding, caregiving, and adjustment,” the court said.
It further said that “denying benefits based solely on the child’s age creates an artificial and unreasonable classification.”
The Court further noted that the provision fails to account for the significant emotional, psychological, and practical adjustments that accompany adoption, irrespective of the child’s age.
The apex court also asked the Centre to come out with a provision recognising paternity leave as a social security benefit.
The top court’s judgement came on a plea filed by advocate Hamsaanandini Nanduri challenging Section 60(4) of the Social Security Code that allows 12 weeks of maternity leave only if an adoptive mother adopts a child below three months of age.
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