What did the Supreme Court say about paid maternity leave?
2-minute summary
The Supreme Court of India struck down Section 60(4) of the Social Security Code, 2020 (and its predecessor Section 5(4) of the Maternity Benefit Act, 1961), which limited 12 weeks of paid maternity leave for adoptive mothers only to those adopting children under the age of three months. The Court ruled that adoptive mothers are entitled to 12 weeks of paid maternity leave regardless of the child's age at the time of adoption. The bench observed that motherhood cannot be restricted to the narrow lens of biology, linking adoption to the right to reproductive autonomy and the child's right to development and familial care. Furthermore, the Court noted that adoption procedures in India often take longer than three months, making the previous age restriction arbitrary and discriminatory. The judgment also called attention to the emotional and developmental needs of older adoptees and recommended that the Union government consider introducing paternity leave provisions to support shared parental responsibilities.
Why it's in the news
The Supreme Court delivered a landmark judgment striking down statutory restrictions on maternity leave for adoptive mothers, ruling that adoptive parents deserve equal statutory support irrespective of the child's age at adoption.
Background and context
Statutory maternity benefits in India originated in colonial legislation such as the Bombay Maternity Benefit Act, 1929. Post-independence, Parliament enacted the Maternity Benefit Act, 1961, providing 12 weeks of paid maternity leave to women in factories, mines, and plantations, later expanded to other establishments. In 2017, the Maternity Benefit (Amendment) Act extended paid leave to 26 weeks for biological mothers and introduced a 12-week provision for adoptive and surrogate mothers, but restricted it strictly to mothers adopting children under three months of age. Data from bodies like the Central Adoption Resource Authority (CARA) indicated that a very small fraction of adopted children are under three months old due to rigorous legal procedures, rendering the statutory benefit largely inaccessible to genuine adoptive parents. This led to judicial challenges asserting that differential and restrictive treatment violated fundamental rights to equality and life under Articles 14 and 21.
Constitutional provisions
- Article 14 — Guarantees equality before the law and equal protection of the laws, invoked against arbitrary classifications in maternity benefits.
- Article 21 — Encompasses the right to life, dignity, and reproductive autonomy, including the right of adoptive parents and children to family care.
- Article 42 — Directive Principle of State Policy directing the State to make provision for securing just and humane conditions of work and maternity relief.
Government schemes
- Central Adoption Resource Authority (CARA) Adoption Regulations — Statutory body governing adoption in India; data from CARA highlighted that procedural timelines mean few children are adopted under three months of age.
Mains practice: Examine how judicial interventions have expanded the contours of socio-economic rights and gender justice in India, with special reference to recent rulings on maternity entitlements for adoptive mothers.
Introduction:
The Supreme Court’s recent ruling striking down Section 60(4) of the Social Security Code, 2020—which restricted maternity leave for adoptive mothers to children under three months of age—marks a progressive milestone in expanding gender justice, children's rights, and reproductive autonomy beyond biological parameters.
Body:
• Dismantling Biological Determinism: By holding that adoptive mothers are entitled to 12 weeks of paid leave regardless of the child's age, the judiciary recognized that maternal bonding and child development are universal needs that do not depend on biological birth.
• Addressing Implementation Gaps: Legal adoption processes in India mandated by bodies like CARA often exceed three months. The previous statutory limit rendered benefits illusory for most adoptive parents, highlighting the judiciary's role in correcting legislative oversight.
• Upholding Constitutional Morality: The ruling draws strength from Articles 14 and 21, ensuring that adoptive children and parents are not subjected to arbitrary discrimination, thereby strengthening substantive equality.
• Recognizing Shared Parenting: Recommendations for paternity leave further reflect a shift towards dismantling gendered division of caregiving responsibilities.
Conclusion:
Judicial pronouncements on maternity benefits signify a transformative constitutionalism where welfare legislation is interpreted through the lived realities of citizens, fostering an inclusive legal framework that protects diverse family structures.
Prelims practice questions
Q1. Consider the following statements regarding maternity benefits in India: 1. The Maternity Benefit Act, 1961 provides statutory maternity leave benefits to eligible women workers across India. 2. The Maternity Benefit (Amendment) Act, 2017 extended statutory maternity leave provisions to adoptive and surrogate mothers. Which of the statements given above is/are correct?
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
Answer: C. Both statements are correct. The Maternity Benefit Act, 1961 is the primary legislation governing maternity benefits. The 2017 Amendment Act extended 12 weeks of maternity leave to commissioning, adoptive, and surrogate mothers, alongside increasing biological mothers' leave to 26 weeks.
Q2. The Central Adoption Resource Authority (CARA), which deals with adoption procedures in India, operates under which of the following Union Ministries?
- Ministry of Social Justice and Empowerment
- Ministry of Women and Child Development
- Ministry of Health and Family Welfare
- Ministry of Home Affairs
Answer: B. CARA is a statutory body of the Ministry of Women and Child Development, Government of India, functioning as the nodal body for adoption of Indian children.
Q3. Which of the following Directive Principles of State Policy (DPSP) explicitly directs the State to make provision for securing maternity relief?
- Article 41
- Article 42
- Article 45
- Article 39
Answer: B. Article 42 of the Constitution of India (contained in Part IV - DPSPs) directs the State to make provision for securing just and humane conditions of work and for maternity relief.
Revision flashcards
- What statutory provision did the Supreme Court strike down regarding adoptive maternity leave? Section 60(4) of the Social Security Code, 2020 (and erstwhile Section 5(4) of the Maternity Benefit Act, 1961), which limited 12 weeks of paid leave to mothers adopting children under three months of age.
- What is the duration of paid maternity leave guaranteed to adoptive mothers following the recent Supreme Court judgment? 12 weeks of paid maternity leave, regardless of the child's age at the time of adoption.
- Which constitutional articles are primarily invoked to safeguard reproductive autonomy and equality in family welfare laws? Article 14 (Equality before law), Article 21 (Right to life, dignity, and personal liberty), and Article 42 (Maternity relief DPSP).
- What is the nodal statutory body regulating adoptions in India? Central Adoption Resource Authority (CARA), functioning under the Ministry of Women and Child Development.
- What amendment first introduced maternity benefits for adoptive and surrogate mothers in India? The Maternity Benefit (Amendment) Act, 2017.