Supreme Court Strikes Down Discriminatory Maternity Leave Law for Adoptive Mothers
The Supreme Court ruled that a law limiting maternity leave benefits for adoptive mothers is discriminatory, violating constitutional rights. The verdict grants 12 weeks of leave irrespective of the adopted child's age. It emphasizes equal parental rights, challenging outdated distinctions between biological and adoptive motherhood in the Social Security Code.
- Country:
- India
The Supreme Court has struck down a law that denied maternity leave to adoptive mothers if the adopted child was older than three months. This landmark decision recognizes the discriminatory nature of the age-based classification within the Social Security Code of 2020, stating that it violates Articles 14 and 21 of the Constitution.
Adoptive mothers are now entitled to the same 12 weeks of maternity leave, regardless of the child's age at the time of adoption. The judges emphasized that the roles and responsibilities of adoptive mothers do not change due to the child's age during adoption, and they deserve equal support.
The court's ruling also invited the Centre to consider paternity leave as a social security benefit, further broadening the scope of parental rights. This transformative decision reflects a step towards equality, recognizing the vital role of maternity leave in securing women's economic independence and child well-being.
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