The Supreme Court today has struck down Section 60 (4) of the Code on Social Security, 2020, that restricted maternity leave for adoptive mothers only to cases where the adopted child was below three months of age.

A Bench of Justice J.B. Pardiwala and Justice R. Mahadevan held that the condition was arbitrary and discriminatory, and violative of Articles 14 and 21 of the Constitution, and therefore could not be sustained in law.

The Court ruled that adoptive mothers are entitled to maternity leave irrespective of the age of the child, emphasising that the benefit is rooted in child care, bonding, and welfare, rather than biological considerations alone.

The impugned provision, Section 60(4) of the Code, had limited maternity benefits for adoptive mothers to those adopting infants below three months, thereby excluding mothers adopting older children. Section 60 (4) of the Code stated:

“A woman who legally adopts a child below the age of three months or a commissioning mother shall be entitled to maternity benefit for a period of twelve weeks from the date the child is handed over to the adopting mother or the commissioning mother, as the case may be.”

The Court found this classification to be unreasonable and has no rational nexus with the objective of the Social Security Code, 2020, noting that the need for care, emotional support, and adjustment exists regardless of the child’s age at the time of adoption.

The Court also emphasised the need for the Union of India to introduce a statutory framework recognising paternity leave as a social security measure, with flexibility in duration based on the needs of the parent and child.