Supreme Court to Revisit Controversial Maternity Leave Rule for Adoptive Mothers
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The Supreme Court has agreed to examine the validity of a contentious provision in the Code on Social Security, 2020, which restricts maternity leave for adoptive mothers to only those who adopt children under three months old. Last month, the Centre notified the 2020 Code, which retained a provision from the Maternity Benefit Act, 1961, that allows 12 weeks of maternity leave only for adoptive mothers who adopt children under three months. This has sparked criticism from adoptive mothers, who argue that the restriction is arbitrary, discriminatory, and unconstitutional. Karnataka-based lawyer Hamsaanandini Nanduri, who adopted two siblings in 2017, has been challenging this provision in the Supreme Court since 2021. She claims that the law discriminates between biological and adoptive mothers, among adoptive mothers themselves, and even among adopted children. The Supreme Court has allowed Nanduri to amend her pending petition to challenge the provision. The court will now consider the amended plea and pronounce its judgment once it is placed on record. Nanduri's case highlights the challenges faced by adoptive mothers in India, who are often denied the same benefits as biological mothers. The Supreme Court's decision to revisit this provision is a significant step towards addressing these inequalities and ensuring that adoptive mothers receive the support they need.
