In a significant boost to reproductive autonomy and child welfare, the Supreme Court of India on Tuesday struck down a legal provision that restricted maternity leave for adoptive mothers based on the age of the child. The Court ruled that an adoptive mother is entitled to 12 weeks of maternity leave regardless of whether the child is older than three months at the time of adoption.
The judgment, delivered by a bench comprising Justices J.B. Pardiwala and R. Mahadevan, declared that limiting maternity benefits to those adopting infants under 90 days old was unconstitutional. The Court also issued a directive to the Central Government to consider formalizing paternity leave as a necessary social security benefit.
Challenging the ‘Three-Month’ Barrier
The ruling came in response to a petition filed by advocate Hamsaanandini Nanduri, who challenged the validity of Section 60(4) of the Social Security Code, 2020. Under the existing law, adoptive mothers were only eligible for 12 weeks of maternity leave if the child they legally adopted was below the age of three months.
Nanduri argued that this age-based restriction was arbitrary and failed to recognize the bonding requirements of older children and their adoptive parents.
A Right to Reproductive Autonomy
The Supreme Court bench found the age restriction to be in direct violation of fundamental rights. The bench observed that the act of adoption is an extension of an individual’s right to reproductive autonomy.
“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 stated.
By invoking Article 14 (Right to Equality) and Article 21 (Right to Life and Personal Liberty), the Court emphasized that the law created an unfair distinction between mothers adopting infants and those adopting older children, despite both requiring time to integrate the new member into the family.
Push for Paternity Leave
Beyond the immediate challenge to maternity benefits, the apex court expanded the scope of the discussion to include the role of fathers in childcare. The bench urged the Centre to formulate a provision that recognizes paternity leave as a social security benefit.
The Court suggested that such a move is essential for a holistic approach to social security, ensuring that both parents can participate in the early stages of a child’s development and adjustment within a new home.
