Supreme Court Grants 12 Weeks of Maternity Leave to All Adoptive Mothers
Supreme Court Rules Maternity Leave Applies to All Adoptive Mothers: In a landmark decision, the Supreme Court of India has ruled that adoptive mothers are entitled to 12 weeks of maternity leave, regardless of the age of the adopted child. The ruling comes after a significant legal battle regarding the denial of maternity leave for adoptive mothers who adopted children older than three months.
According to the previous provisions under Section 5(4) of the Maternity Benefit Act, 1961, maternity leave was only granted to adoptive mothers who adopted children under three months old. This law effectively denied maternity benefits to those adopting older children.
However, the Supreme Court has now declared that this provision is unconstitutional, emphasizing that protection of motherhood is a fundamental human right. The court made it clear that non-biological forms of family formation, including adoption, are equally valid, and therefore, adoptive mothers should not be discriminated against in terms of maternity leave benefits.
Adoptive Mothers Entitled to Full Maternity Leave, Supreme Court Rules
The Supreme Court’s Order:
- The Court ruled that adopting mothers will be entitled to 12 weeks of maternity leave, irrespective of whether the child is under or over three months old.
- The provision under the Social Security Code, 2020, that limited maternity leave to those adopting children under three months was declared unconstitutional.
- The court emphasized that the right to maternity leave is part of the protection of women’s health and well-being and is a basic human right.
- The ruling asserts that adoptive mothers, like biological mothers, should have the right to spend time with their newly adopted children and bond with them during the early months of adoption.
The decision has been hailed as a victory for women’s rights and a significant step towards gender equality, ensuring that all mothers—whether biological or adoptive—are treated fairly in the workplace.
This ruling will likely influence other countries to reconsider their policies regarding adoption leave, setting a positive precedent for the treatment of adoptive parents globally.
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