Supreme Court Ruling Expands Maternity Leave for Adoptive Mothers

In a pivotal judgement, the Supreme Court vacated a statute that restricted maternity leave for adoptive mothers to those adopting children under three months old. The bench, consisting of Justices J B Pardiwala and R Mahadevan, decreed that any adoptive mother should receive a statutory 12-week maternity leave, irrespective of the adopted child's age.

The court deemed the three-month age stipulation in Section 60(4) of the Social Security Code of 2020 to be unconstitutional, contravening Articles 14 and 21. These articles guarantee equality and the protection of personal autonomy, respectively. It recognized adoption as a crucial component of reproductive rights.

The ruling also urged the central government to establish paternity leave provisions as a social security benefit, strengthening family support structures. The decision was in response to a petition by advocate Hamsaanandini Nanduri challenging existing provisions that granted maternity benefits only for adoptions of infants less than three months old.