NEW DELHI: Observing that adoption is part of the right to reproductive autonomy, the Supreme Court on Tuesday struck down a law which said a woman would be eligible for maternity leave only if she legally adopts a child below the age of three months, holding it to be discriminatory.
The court also urged the Centre to come up with a law recognising paternity leave as a social security benefit, noting that parenthood is not a solitary function.
Ruling that age-based classification under Section 60(4) of the Code on Social Security 2020 was violative of Articles 14 and 21 of the Constitution, a bench comprising justices JB Pardiwala and R Mahadevan held that an adoptive mother should be entitled to maternity leave of 12 weeks, irrespective of the age of the adopted child.
The protection of maternity benefit cannot be confined to keeping in mind the age of the child, the court said, adding that an adoptive mother would have the same rights and obligations towards the child as the natural mother.
“The distinction drawn by sub-section (4) of Section 60 does not have a rational nexus with the object of the 2020 Code. The object of maternity benefit is not associated with the process of childbirth but with the process of motherhood...The purpose of maternity protection does not vary with the manner in which the child is brought into the life of the beneficiary mother. Insofar as the roles, responsibilities, and caregiving obligations are concerned, women who adopt a child aged three months or above are similarly situated to women who adopt a child below the age of three months,” the bench said.
The top court said the process of adjustment and integration within the adoptive family, both for the parents as well as the child, remains substantially the same irrespective of the age of the child.
“The impugned classification overlooks the significant emotional, psychological, and practical adjustments required of the adoptive parents and the adopted child, more particularly, in cases involving children with disabilities or single adoptive mothers,” it said.
The top court’s judgment came on a plea filed by advocate Hamsaanandini Nanduri, an adoptive mother of two children, challenging Section 60(4) of the Social Security Code that allows 12 weeks of maternity leave only if an adoptive mother adopts a child below three months of age.
The Bench also emphasised that a provision of paternity leave helps in dismantling gendered roles, encourages fathers to take an active role in child care, fosters a balanced understanding of parenting, and promotes gender equality within family and workplace.
While the role of a mother is undeniably central to a child’s emotional, physical, and psychological development, it would be incomplete and unjust to overlook the equally significant role of a father, the bench said.