Can't Deny Maternity Benefits To Adoptive Mothers Of Child Older Than 3 Months: SC

The Supreme Court on Tuesday held that Section 60(4) of the Social Security Code, 2020, which allow maternity benefit to an adoptive mother only if the adopted child is less than 3 months of age, is unconstitutional. The top court held that an adoptive mother should be entitled to maternity leave of 12 weeks, irrespective of the age of the adopted child. 

A Bench of Justices JB Pardiwala and R Mahadevan held that such a distinction works against adoptive mothers and adopted children over 3 months old, and was violative of right to equality under Article 14 of the Constitution.

“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,” the court said.

The Court held that the distinction drawn by Section 60(4) of the Social Security Code has no rational nexus with the objective of the Social Security Code, 2020. The need for maternal care for an adopted child does not vary. The age-based distinction is not a rational classification, as the maternal responsibilities of a woman adopting a child above 3 months are the same as those of a woman adopting a child aged less than 3 months.

"The age limit renders the provision illusory and devoid of practical application," Justice Pardiwala stated in the judgment.

The top court also urged the Union to bring a law recognising paternal leave as a social security benefit. The duration of such leave must be determined in a manner that is responsive to the needs of both parents.