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Supreme Court Reads Down Code on Social Security 2020
The Supreme Court has expanded maternity benefits to adoptive mothers, marking a shift towards a more inclusive and care-centric understanding of parenthood in India.
Maternity Leave for Adoptive Mothers :
| Aspect | Key Details |
|---|---|
| Judgment | Supreme Court extended 12 weeks maternity leave to all adoptive mothers irrespective of the child’s age. |
| Provision Read Down | Section 60(4) of the Code on Social Security, 2020 was read down. |
| Earlier Restriction | Maternity benefits limited to adoptive mothers only if the child was below 3 months. |
| Constitutional Basis | Held violative of Article 14 (equality) and Article 21 (life and personal liberty). |
| Concept of Motherhood | Maternity benefit linked to caregiving and motherhood, not only biological childbirth. |
| Human Rights Perspective | Maternity leave recognised as a basic human right ensuring dignity, economic security and workplace inclusion. |
| Paternity Leave | Court urged the government to introduce paternity leave as a social security measure. |
| Legal Framework | Maternity Benefit Act, 1961 (amended in 2017) provides 26 weeks leave for biological mothers and earlier limited 12 weeks for adoptive mothers. |
| Pending Challenge | Section 5(4) of the Maternity Benefit Act is under constitutional challenge for discrimination. |
| Key Issues | Discrimination against adoptive mothers, lack of paternity leave, adoption delays and limited implementation in unorganised sector. |