SC Expands Maternity Benefits to Adoptive Mothers

Why in News ? 

The Supreme Court of India has read down provisions of the Code on Social Security, 2020 to extend 12 weeks of maternity leave to all adoptive mothers, irrespective of the child’s age.

The Court also urged the government to recognise paternity leave as a social security entitlement, marking a progressive shift in understanding parental rights.

Background and Context

Evolution of Maternity Rights in India

The Maternity Benefit Act, 1961 was enacted to:

• Regulate employment of women before and after childbirth
• Provide paid maternity leave and job protection

2017 Amendment

• Increased maternity leave to 26 weeks (for biological mothers)
• Introduced:
  • 12 weeks leave for adoptive mothers (only if child < 3 months)
  • Crèche facilities
  • Work-from-home provisions

Code on Social Security, 2020

The Code on Social Security, 2020 consolidated labour laws but retained the restrictive provision limiting adoptive mothers’ benefits based on the child’s age.

Key Highlights of the Supreme Court Judgment

1. Removal of Age Restriction

• The Court read down Section 60(4) of the Code
• Held that all adoptive mothers are entitled to 12 weeks leave, irrespective of the child’s age

Constitutional Basis:

• Violates Article 14 (Equality)
• Violates Article 21 (Right to Life and Dignity)

2. Redefining Motherhood

• Maternity benefits linked to caregiving, not just childbirth
• Recognised adoptive motherhood as equal to biological motherhood
• Adoption included within:
  • Reproductive autonomy
  • Decisional privacy under Article 21

3. Maternity Leave as a Human Right

• Declared maternity protection a basic human right
• Ensures:
  • Economic security
  • Workplace inclusion
  • Freedom from employment penalties

4. Emphasis on Paternity Leave

• Recognised importance of shared parenting
• Highlighted absence of statutory paternity leave in India

Observations:

• Lack of paternity leave:
  • Reinforces gender stereotypes
  • Limits father’s role in caregiving
• Urged government to introduce paternity leave as a social security benefit

Pending Constitutional Challenge

A PIL challenges Section 5(4) of the Maternity Benefit Act, 1961 on grounds of:

• Discrimination against adoptive mothers of older children
• Violation of Fundamental Rights (Part III)
• Conflict with Juvenile Justice Act, 2015

Key Issues and Challenges

1. Discriminatory Framework

• Unequal treatment between:
  • Biological vs adoptive mothers
  • Adoptive mothers based on child’s age

2. Structural Barriers in Adoption

• Lengthy procedures under the Juvenile Justice Act, 2015
• Delay in declaring children legally free for adoption

3. Absence of Paternity Leave

• No comprehensive law on paternity leave
• Reinforces traditional gender roles

4. Impact on Women’s Workforce Participation

• Employers may avoid hiring women due to:
  • Increased cost burden
  • Compliance requirements

5. Implementation Gaps

• Weak enforcement in unorganised sector
• Limited access to:
  • Crèche facilities
  • Flexible work options

Significance of the Judgment

1. Advancement of Substantive Equality

• Moves beyond formal equality to real equality in outcomes

2. Shift from Biology to Care-Based Framework

• Recognises parenthood as caregiving responsibility, not just biological function

3. Strengthening Fundamental Rights

• Expands interpretation of:
  • Article 14 (Equality)
  • Article 21 (Dignity and autonomy)

4. Gender Justice and Inclusivity

• Promotes:
  • Inclusive workplace policies
  • Recognition of diverse family structures

5. Policy Push for Reform

• Encourages government to:
  • Introduce gender-neutral parental leave
  • Reform outdated legal provisions

Way Forward

1. Gender-Neutral Parental Leave

• Introduce:
  • Statutory paternity leave
  • Shared parental leave systems

2. Harmonisation of Laws

• Align:
  • Maternity Benefit Act
  • Code on Social Security
  • Juvenile Justice Act

3. Strengthening Adoption Ecosystem

• Simplify procedures
• Reduce delays in legal clearance

4. Incentivising Employers

• Provide:
  • Tax incentives
  • Government support for maternity costs

5. Focus on Unorganised Sector

• Expand social security coverage
• Ensure accessibility and portability of benefits