New Delhi: In a significant decision for working women, the Supreme Court of India has ruled that adoptive mothers cannot be denied maternity leave simply because the child they adopt is older than three months. The court said such a restriction is unfair and goes against the Constitution.
The judgment came while examining provisions under the Social Security Code, 2020, which allowed maternity leave for adoptive mothers only if the child was below three months of age. The court found that this rule lacked logic and discriminated against adoptive parents.
The judges observed that motherhood is not limited to giving birth. They said adoptive mothers also need time to care for and bond with their children, regardless of the child’s age. Denying leave in such cases ignores the emotional and practical needs of both the mother and the child.
The court also noted that many children who are adopted are not newborns. By setting a strict age limit, the law was excluding a large number of adoptive mothers from getting maternity benefits.
With this ruling, employers and authorities will now have to ensure that adoptive mothers are treated equally and are given maternity leave without considering the age of the adopted child. The decision is expected to bring relief to many families and encourage adoption.
Legal experts say the judgment strengthens the idea that maternity leave is linked to dignity, equality and child care, and not just childbirth. It is also seen as a step towards more inclusive workplace policies in the country.