New Delhi, March 18 It was difficult for Ranjini Sharma (name changed) to bond with her day-old adopted daughter, as her workplace did not allow her to take maternity leave, since she was "not breastfeeding the child".
This happened nine years ago. Today, Sharma feels that adoptive parents should be entitled to take time off from work to connect with the child, both physically and emotionally.
The Supreme Court ruled on Tuesday that an adoptive mother should be entitled to maternity leave of 12 weeks, regardless of the age of the adopted child, and stakeholders, including adoptive parents, rights groups, and legal experts, affirmed that this step is "essential and imperative" for strong bonding between the parents and child.
Sharma said that since she didn't get enough time to connect with her daughter, she would get irritated by the child's irregular sleep cycles.
"At whatever age the child may be adopted, I feel that the parents need to have physical contact with the child, not just an emotional bonding, but also a physical bonding. Otherwise, the child will feel lost. And it cannot be just magically done. The child has to be made to feel comfortable and it takes a lot of time," said the Bengaluru-based architect.
The Supreme Court ruled that the classification under Section 60(4) of the Code on Social Security 2020 was in violation of Articles 14 and 21 of the Constitution, and said that the process of adjustment and integration within the adoptive family, both for the parents as well as the child, remains substantially the same irrespective of the age of the child.
Another adoptive mother, Shilpa Kumar (name changed), noted that maternity leave becomes more imperative for parents when the child is older.
"Older children generally carry the trauma of not having known their biological parents and face abandonment issues. It is essential for the child and both the parents to get used to each other, to understand each other and create an environment that is both safe and comfortable for the child. It takes a lot of time to get a sense of belonging," said the Gurgaon-based IT professional.
In its judgment spanning 100 pages, the Supreme Court said that women who adopt a child aged three months or above are similarly situated to women who adopt a child below the age of three months, insofar as their roles, responsibilities, and caregiving obligations are concerned.
"The essential attributes, capacities, and commitments of adoptive mothers do not undergo any material change merely on account of the age of the child at the time of adoption and the immediate period following the adoption," it said.
The apex court said that the process of adoption itself entails significant emotional, psychological, and practical adjustments for both the child and the adoptive mother.
Enakshi Ganguly, children's rights activist and co-founder of Haq: Centre for Child Rights, said that the Supreme Court’s step in favour of maternity leave was both “essential and imperative” and argued that there should be a discussion on paternity leaves as well.
“I think it's absolutely essential and imperative. Not only the mother, even the benefits of paternity leave should be given. It requires time, effort and energy. So I believe that all benefits of both paternity and maternity leave are required for children to be settled into and integrated into an adoptive family,” she said.
Ganguly added that just as a newborn child needs the care and the initial days also determine if the child has any medical issues or psychological issues, the same should apply to an adoptive child.
An older child, she argued, is even more bewildered as questions about belonging storm through his mind.
“Why am I suddenly taken away from wherever I was and put into this home? Who are these new people? Why should I suddenly call them mummy, papa? How have they become my parents all of a sudden? It's not a switch on, switch off button that the child walks in and starts loving you. Everyone needs time,” she said.
The apex court also urged the Centre to come up with a law recognising paternity leave as a social security benefit, observing that parenthood is not a solitary function and while the mother is central to a child's development, it would be unjust to overlook the role of the father.
According to an order from the Department of Personnel and Training, dated July 22, 2009, a male government employee can take 15 days of paid paternity leave within six months from the date of adoption.
There is no uniform law requiring private companies to provide paternity leave for adoption.
Maitreyi Sachidananda Hegde, advocate at the Supreme Court and High Court of Kerala, said that the findings were done in the view that even if the parents start the adoption procedure at an early age, by the time adoption is granted, the child is more than three months old.
Hegde said that the Code of Social Security 2020 is applicable to all employees, both private and government, and one can reach out to the respective forum if denied their rights.
If someone has been denied this benefit, they can definitely go to the forums which are otherwise available like if it is a private organisation, you would go to the labour law courts and if it is government, you go to the tribunals,” she said.