Supreme Court Strikes Down Maternity Leave Cap For Adoptive Mothers, Calls It ‘Unconstitutional’

Top court says adoptive mothers cannot be denied maternity leave based on child’s age; calls it violation of equality

In a significant ruling, the Supreme Court has declared a key provision of the Social Security Code, 2020 as unconstitutional, stating that adoptive mothers cannot be denied maternity leave if the child is older than three months.

The court struck down Section 60(4) of the law, which restricted 12 weeks of maternity leave only to those adoptive mothers who adopted children below the age of three months. The bench said there was “no rationality” in such a restriction and termed the provision “contentious.”

Court Calls Provision A Violation Of Equality

The bench observed that denying maternity leave based solely on the age of the adopted child creates an artificial and unreasonable classification, violating the Right to Equality.

It emphasised that adoptive mothers of older children are in the same position as those adopting infants, as both require time for bonding, caregiving, and emotional adjustment.

Maternity Leave A Basic Human Right

The Supreme Court underlined that maternity benefits are not merely statutory rights but are linked to dignity and motherhood, calling them a basic human right for working women.

The judges noted that adoption involves significant emotional, psychological, and practical responsibilities, regardless of the child’s age.

Push For Recognising Paternity Leave

The court also urged the Centre to consider recognising paternity leave as a social security benefit, highlighting that parenthood is not a solitary responsibility.

It observed that both parents play an equal role in raising a child and policies should reflect this shared responsibility.

Big Relief For Working Adoptive Mothers

The ruling is expected to bring major relief to working adoptive mothers across the country by ensuring equal maternity benefits, irrespective of the age of the adopted child.

The judgment reinforces the principle that caregiving needs do not depend on age and that laws must reflect real-life parenting challenges.