Supreme Court Challenges Centre Over Maternity Leave Limits for Adoptive Mothers

The Supreme Court has sought response from the Centre on a provision in the Maternity Benefit Act, 1961, restricting maternity leave benefits to women who adopt a child below the age of three months. The case, filed as a Public Interest Litigation (PIL), challenged the constitutional validity of Section 5(4) of the Act, which was contended to be discriminatory and not backed by reasonable justification.

SC Questions Centre on Adoptive Mothers' Maternity Leave

A bench of justices J B Pardiwala and Pankaj Mithal said the provision is social welfare legislation but does appear to carry with it an unreasonable classification. "It thus appears that though the provision is intended to be social welfare legislation, it still creates an unreasonable classification by limiting benefits on the basis of age of the adopted child," the bench observed in its November 12 order.

Such basic questions this case does raise are about the rights of adoptive mothers and the reasons for limiting benefits to those adopting infants who are less than three months old. It argued that the restriction conflicts with equality as enshrined in the Constitution and fails to take on board the needs of children and mothers in all cases of adoption involving older infants.

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The Centre had filed a preliminary response, arguing that the cut-off age of three months was based on some considerations. But today, the SC found several grounds that needed further scrutiny. The Bench directed the Union of India to respond in three weeks and explain why maternity benefits were denied to the women adopting children who were older than them.

The court's intervention makes a strong case for reviewing the law so that adoptive mothers and their children are treated no less than any other. It also hints that the same welfare and development needs of adopted children, without the constraint of age limitation, should be looked into. The case is likely to bring considerable changes in the provision of the Maternity Benefit Act, thus making it more inclusive and more balanced.