Recently, the Supreme Court has struck down a law which said a woman would be eligible for maternity leave if she legally adopts a child below the age of three months.
What was the recent SC’s ruling on paid maternity leave?
SC ruling– The SC held that adoptive mothers should be entitled to maternity leave of 12 weeks, irrespective of the age of the adopted child.
Equal Rights for Adoptive Mothers– The Court emphasized that maternity benefits cannot be confined by the child’s age & added that an adoptive mothers would have the same rights and obligations as biological mothers.
Striking Down Section 60(4)– The ruling struck down Section 60(4) of the Social Security Code, 2020 (earlier Section 5(4) of the Maternity Benefit Act, 1961).
This section had limited maternity leave only to mothers who adopted children under the age of three months, the Court declared this restriction unconstitutional.
Call for Paternity Leave– The SC also directed the Centre to introduce paternity leave as a social security benefit, recognizing the role of fathers in childcare.
What are the Constitutional Significance?
Article 14 (Equality)– The Court ruled that limiting maternity leave to adoptees under three months was an artificial distinction without rational basis.
Article 21 (Right to Life & Dignity)– Denying leave deprived both mother and child of dignity, care, and holistic development.
Reproductive autonomy– Adoption is recognized as a legitimate exercise of reproductive choice.
What is the law on maternity leave in India?
Colonial Beginnings –
Bombay Maternity Benefit Act, 1929– It covered women factory workers, marking the start of statutory maternity benefits in India..
It was followed by similar laws in other parts of the country in the run-up to Independence.
National Legislation– In 1961, Parliament passed the Maternity Benefit Act to provide paid maternity leave of 12 weeks to working women across the country.
This was the first nationwide framework for maternity benefits.
Major Amendment in 2017– The Maternity Benefit (Amendment) Act, 2017 expanded rights, such as
Extended the period of paid maternity leave for biological mothers to 26 weeks
Inserted a provision for extending maternity leave for the first time to adoptive mothers or surrogate mothers.
Section 5(4) of the Act– Surrogate or adoptive mothers legally adopting a child below 3 months would be entitled to maternity leave for a period of 12 weeks from the date the child is handed over to the mother.
Why was this law considered inadequate?
The Petitioner– This provision was challenged in 2021 by Hamsaanandini Nanduri, a lawyer who adopted siblings in 2017.
Her Bengaluru law firm gave her only six weeks of paid maternity leave, which highlighted the lack of clear policy for adoptive mothers.
Challenge to the Law– In 2021, she challenged the provision granting 12 weeks of maternity leave only to adoptive/surrogate mothers of children below three months.
She argued this was “mere lip service” compared to the 26 weeks granted to biological mothers.
The provision violated fundamental rights under the Constitution by treating adoptive mothers unequally.
Key Arguments in Court– The 3-month limit was unjust to both children and parents, depriving older adoptees from receiving the maternal care they need for their development and integration into their adoptive families.
Also pointed out that adoption procedures take much longer than three months in India.
RTI Findings– Through an RTI filed with CARA (Central Adoption Resource Authority) that less than 5% of children adopted at that time were under the age of three months.
This showed that the law excluded the majority of adoptive mothers from maternity benefits.
What did the Court say about motherhood?
Motherhood Beyond Biology– The Court made it clear that motherhood cannot be seen through the “narrow lens of biology” alone.
It referred to adoption as part of the “right to reproductive autonomy”.
Importance of Leave– The period of leave plays a crucial role in fostering [an] emotional bond between the mother and the child, is essential for the child’s integration into the family.
Psychological Well-being– The children raised in orphanages are often show higher stress hormone levels than those in children brought up in a familial environment, which pointed to a greater need for paid maternal leave for older adoptees.
How will the judgment help adoptees and their parents?
Support for Adoptive Mothers– Adoptive mothers now have a statutory right to 12 weeks of paid maternity leave, regardless of the child’s age, ensures they don’t have to rely solely on employer goodwill or sacrifice their careers.
Emotional Security for Adoptees– Adopted children often face multiple transitions—from birth families to institutions, and then to adoptive families.
Paid leave allows mothers to be present during this critical period, helping children feel secure and attached.
Equality with Biological Mothers– The judgment removes the discrimination between biological and adoptive mothers.
Both now have recognized rights to maternity leave, affirming that motherhood is not limited to biology.
This strengthens the principle of reproductive autonomy and equal treatment under the law.
Practical Impact– Adoptive mothers no longer need to quit jobs or take unpaid leave & older adoptees, who were previously excluded, now benefit from maternal care during their adjustment period.
Adoption is acknowledged as a legitimate path to parenthood, with equal social security benefits.
What did the Court say about paternity leave?
Call for Paternity Leave– The SC urged the Union government to examine the need for a formal law recognizing paternity leave for all fathers, adoptive or biological.
Shared Parenting– The Court noted that India’s current legal framework does not adequately account for fathers’ role in childcare, it emphasized the importance of shared parenting.
Current Situation
Government employees – As of now, only male government servants are entitled to 15 days’ paternity leave for the birth of a child or adoption.
Private sector – Leaves in the private sector are generally determined by company policies.
