SC Questions Restriction of Maternity Benefits for Adoptive Mothers to Children Under Three Months

Keywords ; Maternity Benefit Act, Supreme Court, adoption, Section 5(4), maternity leave, adoptive mothers, constitutional validity, Centre’s reply, child welfare

The Supreme Court of India has directed the Centre to explain the rationale behind a provision in the Maternity Benefit Act, 1961, which restricts maternity leave benefits to women adopting children below the age of three months. The Court was hearing a public interest petition challenging the constitutional validity of Section 5(4) of the Act, which entitles adoptive mothers to 12 weeks of maternity leave only if the adopted child is under three months of age.

Prima Facie Observations by the Court

A bench comprising Justices J B Pardiwala and Pankaj Mithal observed that the provision lacked reasonable classification and appeared arbitrary. It questioned why adoptive mothers of children older than three months are excluded from maternity benefits, noting that such a restriction could undermine the welfare of both adoptive mothers and children.

The Court also remarked that the provision contradicts the social welfare objectives of the Maternity Benefit Act, which aims to provide care and bonding opportunities for both biological and adoptive mothers.

Centre’s Stance and SC’s Direction

The Centre had earlier filed a reply defending the three-month age limit, but during the hearing, additional issues surfaced. The bench has now asked the Centre to submit a detailed justification within three weeks, addressing the rationale behind this restriction. The Court further emphasized the need to reconcile the provision with constitutional principles of equality and non-arbitrariness under Part III of the Constitution.

The Court has scheduled the case for final disposal on December 17, 2024.

Petitioner’s Argument

The petitioner argued that the provision discriminates against:

1. Adoptive mothers: By granting them only 12 weeks of leave compared to 26 weeks for biological mothers.
2. Children above three months: By failing to recognize their need for maternal care and bonding, which aligns with the objectives of both the Maternity Benefit Act and the Juvenile Justice Act.

The plea described the provision as arbitrary and inconsistent with the principle of equality, asserting that it deprives adoptive mothers of adequate time to establish an emotional connection with their children.

Comparison with Biological Mothers

Biological mothers are entitled to 26 weeks of maternity leave, allowing ample time for recovery and infant care. The petition contends that the 12-week leave for adoptive mothers is insufficient, particularly given the unique challenges adoptive parents may face when integrating a child into their family.

Significance of the Case

This case brings to the forefront critical questions about:

• The equity of maternity benefits for adoptive mothers.
• The best interests of adopted children, especially older ones who might require additional care during transition periods.
• Alignment of the Maternity Benefit Act with constitutional guarantees of non-discrimination and international norms on child and parental rights.

As the debate unfolds, the Court’s final decision will have significant implications for adoptive mothers, the broader legal framework of maternity benefits, and child welfare in India.

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