The Supreme Court has struck down a rule that allowed maternity leave for adoptive mothers only if the adopted child was below three months of age. The court held that the restriction was unfair and unconstitutional.
A bench of Justices ruled that adoptive mothers should receive 12 weeks of maternity leave regardless of the age of the child at the time of adoption. The judges said such leave is important for bonding and caregiving, and it should not depend on how old the child is.
The court set aside a provision in the Code on Social Security, 2020, which imposed the three-month age limit. According to the judges, the rule treated adoptive mothers differently from biological mothers and denied them equal benefits.
The case was brought by an adoptive mother who argued that the law discriminated against women who adopt older children. The court agreed and said maternity benefits should support all mothers caring for newly adopted children.
The judgment also highlighted the need for policies that recognise adoptive families and promote equal parental support. The court further suggested that the government consider introducing paternity leave to encourage shared childcare responsibilities.
The ruling is expected to benefit many adoptive mothers across the country by ensuring they receive maternity leave irrespective of the child’s age at adoption.
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