The Supreme Court has queried the Central Government on the justification behind a policy that grants maternity leave benefits only to women who adopt children under three months of age. A bench comprising Justices J.B. Pardiwala and Pankaj Mittal heard the case, challenging the constitutional validity of a specific provision under the Maternity Benefit Act, 1961.
The controversial provision limits the entitlement of a 12-week maternity leave to women who adopt infants younger than three months. “In other words, if a woman adopts a child older than three months, she would not be entitled to any maternity leave benefits under the amended act,” the bench noted in its order dated November 12.
The Central Government had defended its position by stating the three-month criterion was appropriate, but during the hearing, the court recognized several issues requiring further examination. “Under these circumstances, we expect the Union of India to submit another response, particularly addressing the rationale behind allowing only women who adopt a child under three months old to avail maternity benefits,” the court stated.
The court has given the government three weeks to submit its response, with a copy to be provided to the petitioner’s lawyer immediately. Any counter-response must be filed within a week thereafter. The bench has scheduled December 17 for final resolution of the matter.
