New Delhi, March 17 Observing that adoption is part of the right to reproductive autonomy, the Supreme Court on Tuesday struck down a law that stated a woman would be eligible for maternity leave if she legally adopted a child below the age of three months.
A bench of Justices J B Pardiwala and R Mahadevan held that an adoptive mother should be entitled to 12 weeks of maternity leave, regardless of the age of the adopted child.
"Section 60(4) of the 2020 Code, insofar as it puts a three-month age limit on the age of the adopted child for the adoptive mother to avail maternity benefits, is violative of Articles 14 and 21 of the Constitution," the bench said.
The apex court also asked the Centre to provide a provision recognizing paternity leave as a social security benefit.
The Supreme Court's judgment came in response to a plea filed by advocate Hamsaanandini Nanduri challenging Section 60(4) of the Social Security Code, which allows only 12 weeks of maternity leave if an adoptive mother adopts a child below three months of age.