'Unconstitutional': SC rules adoptive mothers can't be denied maternity leave if child is older than 3 months

NEW DELHI: The Supreme Court on Tuesday ruled that there is “no rationality” in a provision of the Social Security Code 2020, calling it “contentious.” The provision limits maternity leave for adoptive mothers to those who adopt children under three months of age.The top court has declared Section 60(4) of the Code on Social Security, 2020—which restricted 12 weeks of maternity leave for adoptive mothers to those adopting children under three months of age—"unconstitutional and a violation of the Right to Equality." A bench of Justices JB Pardiwala and R Mahadevan observed that maternity benefits are inherently linked to motherhood. Adoptive mothers of children older than three months are in the same position as those adopting younger infants, as both require time for bonding, caregiving, and adjustment. Denying leave based solely on the child’s age, the top court said, creates an artificial and unreasonable classification.The apex court also noted that the provision overlooks the significant emotional, psychological, and practical adjustments that adoption entails, regardless of the child’s age.