The Supreme Court struck down Section 60(4) of the Social Security Code, 2020, granting adoptive mothers 12 weeks of paid maternity leave regardless of the child's age, and directed the government to act on paternity leave. This landmark ruling expands the definition of motherhood beyond biology.
- The Supreme Court awarded 12 weeks of paid maternity leave to adoptive mothers, regardless of child’s age.
- It directed the government to act on paternity leave.
- The maternity leave duration changed from 26 weeks for biological mothers to 12 weeks for adoptive mothers.
The Court’s decision, which struck down Section 60(4), grants adoptive mothers 12 weeks of paid maternity leave, irrespective of the child's age, and also orders the government to take action on paternity leave.
The rationale behind the ruling is that motherhood is defined not just by biology but by emotional and caregiving bonds. The Court emphasized that paid maternity leave plays a crucial role in fostering emotional attachment and development in children.
Many adoptive mothers, such as Madhumitha Venkataraman, testified that under the old rule they could not avail 12 weeks because the child was older than three months. The new ruling now enables them to balance career and family more effectively.
Why This Matters
BozokMedia analysis shows that this ruling not only benefits adoptive mothers but also pushes the government to act on paternity leave, making family policies in India more inclusive.
“Expanding the definition of motherhood makes society more inclusive and just.”
| Maternity Leave Conditions | Biological Mothers | Adoptive Mothers |
|---|---|---|
| Paid maternity leave duration | 26 weeks | 12 weeks |
| Child age limit | Any age | Any age |
| Legal basis | Maternity Benefit Act, 1961 | Social Security Code, 2020 (Section 60(4)) |
Frequently Asked Questions
1. Will adoptive mothers receive the same paid maternity leave benefits as other mothers?
Yes, adoptive mothers now receive 12 weeks of paid maternity leave, which is less than the 26 weeks for biological mothers but applies to any child age.
2. What action has the Court directed regarding paternity leave?
The Court directed the government to take steps to provide paternity leave, ensuring men receive similar benefits as mothers.
