New Delhi, March 17: The Supreme Court on Tuesday struck down a provision of the Maternity Benefit Act that denied maternity leave to adoptive mothers if the adopted child was older than three months. The Court held that the age-based restriction was discriminatory and violated the constitutional guarantee of equality.
A Bench of the Supreme Court observed that motherhood, whether biological or adoptive, must be treated with equal dignity and protection under the law. The judges noted that adoptive mothers often require the same support and bonding time as biological mothers, and the law cannot create arbitrary distinctions between the two.
With the ruling, adoptive mothers will now be entitled to 12 weeks of maternity leave irrespective of the age of the child at the time of adoption. The Court also directed the government to ensure that all workplaces, including private establishments, implement the revised entitlement without delay.
