Beyond biology: SC backs equal maternity rights for adoptive mothers

New Delhi: The Supreme Court on Tuesday struck down a provision which restricted maternity benefits for adoptive mothers. The impugned provision restricted maternity benefits when it came to mothers who adopt children over three months old. The court also urged the Centre to come out with a law recognising paternity leave.

Delivering the judgement, a bench of justices JB Pardiwala and R Mahadevan said it is up to the Centre to determine the manner in which paternity leave may be extended to fathers of young children, including its duration. "We urge the Centre to come out with a provision recognising paternity leave as a social security benefit. We emphasise that the duration of such leave must be determined in a manner that is responsive to the needs of both the parent and the child," the bench said.

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The bench struck down Section 60(4) of the Social Security Code, 2020, which stipulated that adoptive mothers will be eligible for maternity leave only if they adopt children who are less than three months old. The bench ruled that such a distinction works against adoptive mothers as well as adopted children over three months old. The court concluded that the provision was violative of the right to equality under Article 14 of the Constitution.SC ruled the needs of an adoptive child are no different from those of a biological child. "Although biology has traditionally been the predominant lens through kinship, adoption is an equally valid pathway. Biological factors by themselves do not determine family. An adopted child is not different from a natural child," it held.

The verdict came on a PIL filed by one Hamsanandini Nanduri challenging the constitutional validity of Section 5(4) of the Maternity Benefit Act, 1961. The provision, introduced through the 2017 amendment, grants twelve weeks of maternity benefit to adoptive mothers only where the adopted child is below three months of age. The plea contended this age-based restriction is arbitrary and violative of Articles 14, 19(1)(g) and 21 of the Constitution.

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A similar provision was introduced under Section 60(4) of the Social Security Code, 2020, which replaced the Maternity Benefit Act while the case was pending. The bench struck down the said provision.