Landmark ruling: Supreme Court grants 12-week leave to all adoptive mothers, says adopted child no different

PTC Web Desk: In a significant ruling, the Supreme Court on Tuesday declared unconstitutional a provision in the Code on Social Security, 2020 that restricted maternity leave benefits for adoptive mothers to those adopting children below three months of age. The court held that such a limitation was arbitrary and violated the principles of equality and dignity.

The apex court ruled that all adoptive mothers will now be entitled to 12 weeks of maternity leave from the date of adoption, irrespective of the child’s age. Emphasising the importance of emotional bonding and caregiving, the court observed that denying leave based on the age of the adopted child undermines the rights of both the mother and the child to a dignified life.

In its observations, the court also urged the Union Government to consider introducing paternity leave as a progressive social welfare measure. 

A Bench of Justice Pardiwala and Justice Mahadevan has clarified that adoptive mothers are entitled to 12 weeks of maternity leave, regardless of the age of the adopted child.

“The purpose of maternity protection does not depend on how a child enters a mother’s life. Women adopting older children are equally placed as those adopting infants below three months,” the court observed.

The Supreme Court held that age-based restrictions under Section 60(4) of the Social Security Code, 2020, violate the right to equality guaranteed under Article 14 of the Indian Constitution.

While noting that biological and adoptive mothers fall under different categories, the court emphasised that such classification cannot be used to deny social security benefits.

“Such distinctions overlook the emotional and physical adjustments involved. Adoption is equally an exercise of a woman’s reproductive rights,” the bench ruled.