The Supreme Court of India is questioning the justification for limiting maternity leave for adoptive mothers to 12 weeks only if the child is under three months old, as stated in the Maternity Benefit Act. The court highlighted potential discrimination against older adopted children, contrasting benefits between adoptive and biological mothers, and is set to decide on this issue on December 17.
New Delhi: The Supreme Court of India has raised questions over the rationale behind limiting maternity leave benefits to women adopting children under the age of three months. The provision, outlined in Section 5(4) of the Maternity Benefit Act, 1961, entitles adoptive mothers to 12 weeks of maternity leave only if the adopted child is below three months of age.
A bench comprising Justices J B Pardiwala and Pankaj Mithal is hearing a public interest plea challenging the constitutional validity of this provision. During the November 12 hearing, the bench remarked that the petitioner had made a strong prima facie case that this classification lacks reasonable justification.
The bench noted:
“If a woman adopts a child above the age of three months, she will not be entitled to any such maternity leave benefit as provided under the Amendment Act.”
The Centre has filed an initial response justifying the provision, but the bench highlighted the need for further clarification, asking the Union of India to submit a detailed explanation.
“We expect the Union of India to file a further reply on the issue discussed today, more particularly, as to what is the rationale in saying that it is only that woman who adopts a child below the age of three months would be entitled to seek maternity leave benefits otherwise not,”
the court ordered.
The Centre has been directed to file its reply within three weeks, with a rejoinder, if necessary, to follow a week thereafter. The court has scheduled the matter for final disposal on December 17.
The petitioner argues that the provision is discriminatory and arbitrary, undermining the welfare objectives of the Maternity Benefit Act and the Juvenile Justice Act.
“Section 5(4) apart from being discriminatory and arbitrary towards the adoptive mothers, also arbitrarily discriminates against orphaned, abandoned or surrendered children above the age of three months,”
the plea states.
The petition further argues that limiting the benefit to children under three months disregards the needs of older adopted children, contradicting the very spirit of the Maternity Benefit Act and the Juvenile Justice Act.
The plea also points out the stark contrast in benefits between adoptive and biological mothers. While biological mothers are entitled to 26 weeks of maternity leave, adoptive mothers receive just 12 weeks, provided the child is below three months old.
“The purported 12 weeks of maternity benefit to adoptive mothers is not only a ‘mere lip service’ but when juxtaposed with the maternity benefit of 26 weeks provided to biological mothers, fails to stand even the basic scrutiny of Part III of the Constitution which is wedded to the concept of non-arbitrariness,”
the petition contends.
The case underscores critical issues about the inclusivity and fairness of maternity benefits in India. By questioning the rationale behind the three-month restriction, the Supreme Court has opened a broader conversation about ensuring equitable treatment for adoptive mothers and the welfare of all adopted children.
The court’s decision on December 17 will likely shape the future of maternity leave policies and their alignment with constitutional values.
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