Supreme Court Challenges Maternity Leave Provision for Adoptive Mothers

The Supreme Court has asked the Indian government to clarify why the Maternity Benefit Act only grants maternity leave to women adopting a child under three months old. This provision is being challenged as discriminatory, particularly against adoptive mothers, as it contrasts with the benefits provided to biological mothers.

The Supreme Court of India has called upon the government to provide justification for a provision in the Maternity Benefit Act. This provision allows maternity leave only for women who adopt children under the age of three months.

The plea, aimed at questioning the constitutional validity of this criterion, argues that the restrictive age limit is a discriminatory classification. The challenge highlights that adoptive mothers who welcome older children are denied the 12-week maternity leave stipulated by the Act.

During the hearing, the court sought further explanations from the Union of India. The matter is set for further deliberation in December, as the court deems the current provision inconsistent with the principles of the Maternity Benefit Act and the Juvenile Justice Act.