In a significant judgment reinforcing the rights of adoptive mothers, the Supreme Court of India has ruled that denying maternity leave to women who adopt children older than three months is unconstitutional. The verdict marks a major step towards recognising adoptive motherhood on par with biological parenthood, both legally and emotionally.
The apex court struck down a provision in the Code on Social Security 2020 that limited maternity benefits only to women adopting children below three months of age. The provision had allowed 12 weeks of maternity leave in such cases while excluding women adopting older infants, effectively denying them equal protection under the law.
Calling the provision discriminatory, the court held that such a classification was arbitrary and failed to acknowledge the realities of caregiving in adoptive families.
A bench comprising Justice JB Pardiwala and Justice R Mahadevan emphasised that the concept of family cannot be restricted to biological ties alone. The judges observed that adoption is an equally valid and meaningful way of forming a family.
The court noted that the emotional bond, responsibility, and caregiving required in raising an adopted child are no different from those involved in biological parenting, irrespective of the child’s age at the time of adoption.
In a strong observation, the Supreme Court described maternity protection as a fundamental human right. It held that denying maternity benefits based on the age of the adopted child ignores the needs of both the mother and the child during the crucial bonding and adjustment period.
The judgment stressed that maternity benefits must extend to all forms of motherhood, including non-biological ones, ensuring equal support and dignity for adoptive parents.
Many view the ruling as a progressive step towards making India’s labour and social welfare framework more inclusive. By removing the arbitrary distinction based on the age of the adopted child, the court has paved the way for a more humane interpretation of maternity rights in line with evolving societal realities.
