Why in the News
- The Supreme Court of India (March 2026) struck down the 3-month age cap for maternity leave for adoptive mothers under:
- Maternity Benefit Act, 1961
- Code of Social Security, 2020
What the Law Earlier Said
- 12 weeks maternity leave was allowed only if child < 3 months at adoption
- Result: Most adoptive mothers could not qualify
Supreme Court Ruling
- Adoptive mothers: Entitled to 12 weeks maternity leave regardless of child’s age
- Held: “Motherhood cannot depend on child’s age”
Why SC Struck Down the Cap
1. Violation of Equality (Article 14)
- Article 14 of the Indian Constitution
- Court said: Distinction between mothers based on child’s age is: Artificial and unreasonable
- Same caregiving responsibilities: Infant (2 months) vs child (4 months)
2. Violation of Right to Life & Dignity (Article 21)
- Article 21 of the Indian Constitution
- Includes:
- Reproductive autonomy
- Right to form a family (including adoption)
3. Law was “Illusory” in Practice
- Adoption process (under Juvenile Justice Act, 2015):
- Mandatory waiting periods
- Legal procedures
- Result: Child rarely available below 3 months
4. Importance of Child Bonding
- Maternity leave ensures: Emotional bonding and Child’s adjustment in new family
- Applies equally to: Adoptive mothers (even more critical)
5. Rejection of Government Argument
- Govt suggested: Use crèche facilities
- Court response:
- Not universal (only for ≥50 employees)
- Cannot replace maternal care
| [2019] With reference to the Maternity Benefit Amendment Act, 2017, consider the following statements: Pregnant women are entitled for three months pre-delivery and three months post-delivery paid leave. This act applies to all organisations with 20 or more employees. It has made it mandatory for every organisation with 100 or more employees to have a crèche. Which of the statements given above is/are correct? (a) 1 and 2 only (b) 2 only (c) 3 only (d) 1, 2 and 3 |
