The Supreme Court has issued a landmark ruling, striking down a provision in the Code on Social Security, 2020 that limited maternity leave for adoptive mothers to those adopting children below three months of age.
The court held that all adoptive mothers will be entitled to 12 weeks' leave from the date of adoption, irrespective of the child's age.
This significant ruling expands the scope of parental rights and workplace equality, recognizing that motherhood is not merely a biological event but a social, emotional, and constitutional reality.
The court rejected the long-standing distinction between biological and adoptive mothers as constitutionally unsustainable, observing that parenthood is defined by care, responsibility, and emotional bonds, not by the act of giving birth alone.
The ruling came in a petition filed by Karnataka-based lawyer Hamsaanandini Nanduri, challenging the provision as discriminatory.
The court also highlighted the unique challenges faced by single adoptive mothers, who bear the entire burden of caregiving while balancing professional responsibilities.
The bench underlined that maternity benefits are as much about the child's emotional and developmental needs as they are about the mother's rights, bringing the ruling in line with both constitutional principles and international child welfare norms.
