New Delhi: The Supreme Court on Tuesday said that adoptive mothers should be entitled to 12 weeks of maternity leave, irrespective of the age of adopted child, striking down Section 60(4) of the Social Security Code unconstitutional.
Earlier, adoptive mothers were entitled to maternity leave only if the child was less than three months old.
“A woman who legally adopts a child, or a commissioning mother, shall be entitled to maternity benefit for a period of 12 weeks from the date the child is handed over to the adopting mother or the commissioning mother, as the case may be,” a bench of Justices J B Pardiwala and R Mahadevan observed.
Maternal responsibilities are same regardless of age
The apex court also said that the age-based distinction is not a rational classification as the maternal responsibilities of a woman adopting a child above three months are the same as a woman adopting a child aged less than three months.
The court has also asked the Centre to bring a law recognising paternal leave as a social security benefit.
The court’s observation came on a PIL filed by an adoptive mother. The petitioner contended that the provision is arbitrary and violative of Article 19(1)(g) of the Constitution as it creates legal hurdles for women seeking to adopt infants.
SC courts question rationale behind fixing the age
During the hearing, the court questioned the rationale behind fixing the age at three months. The Union government in its reply had said that biological mothers are granted a leave of 18 weeks due to the need for recovery after delivery.
The court further said that how a mother would care for a child adopted at an older age if she is denied maternity benefits altogether. The judges noted that the responsibilities and emotional bonds involved in raising an adopted child are no different.