Supreme Court breakthrough: Maternity leave now extends to adoptive mothers

by shalini jha |

Supreme Court rules adoptive mothers entitled to maternity leave, regardless of child's age, deeming old law "unjust and discriminatory". Court also suggests paternity leave for fathers

Supreme Court breakthrough: Maternity leave now extends to adoptive mothers
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ew Delhi (The Uttam Hindu): The Supreme Court has issued a significant and significant decision regarding maternity leave, which is being considered a relief for women who adopt children. The court has clarified that not only women adopting children up to three months of age, but also those adopting children older than that age will be entitled to maternity leave.

In fact, the law previously provided that a woman could only receive 12 weeks of maternity leave if she adopted a child up to three months old. However, the Supreme Court deemed this rule unjust and discriminatory. The Court struck down Section 60(4) of the Social Security Code, stating that this provision violated Article 14 (Right to Equality) and Article 21 (Right to Life and Personal Liberty) of the Constitution.

The Court believes that the purpose of maternity leave should not be limited to the initial period after the birth or adoption of a child, but rather to foster a bond between mother and child and to care for the child. Granting or withholding this benefit based on the child's age is unfair. This creates an unfair disadvantage for women who, for whatever reason, adopt a slightly older child.

In addition, the Supreme Court has made another important suggestion to the Central Government. The Court stated that the time has come to enact clear and concrete laws regarding paternity leave for fathers as well. This will strengthen the father's role in raising children, ensuring the responsibility will not rest solely on the mother. The Supreme Court's decision regarding maternity leave will provide significant relief to women adopting children over three months of age. There will no longer be the same age restrictions as before, which will benefit many women.

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