Fri Nov 15 11:47:28 UTC 2024: ## Supreme Court Questions Centre on Maternity Leave for Adoptive Mothers
**New Delhi:** The Supreme Court has challenged the Indian government to justify a provision in the Maternity Benefit Act, 1961, which limits maternity leave benefits for adoptive mothers to those who adopt children under three months old.
The court is hearing a petition that argues the provision is discriminatory and arbitrary, as it denies maternity leave benefits to women who adopt children over three months of age.
A bench of Justices J B Pardiwala and Pankaj Mithal expressed concern that this restriction could be considered a violation of social welfare principles, as it appears to lack a reasonable classification.
The Centre has submitted a response defending the three-month age limit, but the court remains unconvinced. It has now requested the government to provide further explanation on the rationale behind this specific age limitation.
“What is the rationale in saying that it is only that woman who adopts a child below the age of three months would be entitled to seek maternity leave benefits otherwise not?” the bench questioned.
The government has been given three weeks to submit a detailed reply, which will be served to the petitioner’s counsel. The matter will be heard for final disposal on December 17th.
The petition argues that the 12 weeks of maternity leave granted to adoptive mothers is insufficient compared to the 26 weeks given to biological mothers, further highlighting the discriminatory nature of the provision.
The case has raised important questions about the rights of adoptive mothers and the need for fair and equitable policies that support all families, regardless of how they are formed.
First Piper 