SC allows 12 weeks’ paid leave to all new adoptive mothers

Why in the News?

The Supreme Court of India delivered a landmark judgment on Tuesday, declaring that the protection of maternity leave for working women is a “basic human right.” The Court struck down a provision in the law that denied 12 weeks of paid leave to mothers who adopt a child older than three months, extending this benefit to all new adoptive mothers. It also urged the government to legally recognise paternity leave as a social security benefit.

Background

• The Legal Challenge: The case was filed by Hamsaanandini Nanduri, who challenged a specific provision in the Maternity Benefit Act (later replaced by the Code of Social Security in November 2025).
• The Discriminatory Provision: The old provision (Section 60(4) of the 2020 Code) stated that only mothers who legally adopt a child below the age of three months were entitled to 12 weeks of maternity benefit.
• The Problem: The petitioner successfully argued that the legal adoption process itself is lengthy and typically takes over three months to complete. This made the provision practically useless (“otiose”) for most adoptive mothers, as the child would already be over three months old by the time the adoption was finalised, disqualifying them from leave.

Feature

• Maternity Leave as a Human Right: The Bench, comprising Justice Pardiwala and Justice R. Mahadevan, held that maternity benefit is linked to a woman’s ability to exercise her “reproductive choices without fear of losing her employment” and ensures she is not excluded from the workplace due to motherhood.
• Equality for Adoptive Mothers: The Court observed that an adoptive mother has the same rights and obligations towards a child as a natural mother. Adoption was described as an “expression of reproductive autonomy.” The bond in an adoptive family must be nurtured through time and caregiving, making leave just as essential.
• Broader Social Impact: The judgment highlighted the ripple effect of denying maternity benefits. It noted that without leave, a mother might be forced to return to work, potentially leaving the child in the care of an older sibling. “And if the older sibling happens to be a girl child, it would result in her being withdrawn from school, which reinforces the vicious cycle of gender inequality,” the Court observed.
• Call for Paternity Leave: The Court urged the Union government to make specific legal provisions for paternity leave, emphasising that parenthood is not a solitary function. It stated that a child should not be deprived of a father’s presence, nor a new mother of her partner’s companionship, during the early stages of caregiving.

Challenge

The judgment addresses the challenge of outdated legal frameworks that fail to keep pace with the realities of modern family structures (like adoption) and the lengthy legal processes involved. It also highlights the societal challenge of preventing caregiving responsibilities from reinforcing gender inequality, particularly by forcing girl children into caregiving roles at the expense of their education.

Way Forward

• Immediate Legal Effect: The court’s ruling immediately strikes down the discriminatory age limit, meaning all new adoptive mothers are now entitled to 12 weeks of paid leave.
• Legislative Action Required: The government is now pressed to amend the Code of Social Security to formally reflect this change.
• Policy Development: The Court’s strong recommendation pushes the government to develop and enact specific legislation recognising and providing for paternity leave as a standard social security benefit.

Conclusion

This Supreme Court judgment marks a significant expansion of maternity rights in India, grounding them firmly in the principles of human rights and reproductive autonomy. By striking down a discriminatory clause, it ensures that adoptive mothers are not penalised by bureaucratic timelines. Furthermore, the Court’s progressive call for paternity leave signals a shift towards a more equitable understanding of parenthood, recognising that the responsibility of caregiving, and the right to social security benefits associated with it, should be shared by both parents.