The Supreme Court of India has struck down a rule that limited maternity benefits for adoptive mothers, ruling that such restrictions are unconstitutional.
A bench comprising Justices JB Pardiwala and R Mahadevan held that denying maternity leave to women adopting children older than three months is discriminatory. The court invalidated Section 60(4) of the Social Security Code, 2020, which allowed benefits only if the adopted child was under three months of age.
The judges emphasised that adoptive children have the same needs as biological children, and that family relationships are not defined solely by biology. They ruled that such distinctions violate the right to equality under Article 14 of the Constitution.
The court also encouraged the Centre to introduce a law providing paternity leave as a social security measure, noting that its duration should be designed to meet the needs of both parents and children.
The verdict came in response to a PIL filed by Hamsanandini Nanduri, who challenged similar provisions in the Maternity Benefit Act, 1961. The court found the age-based condition arbitrary and struck it down, reinforcing equal rights for adoptive mothers.
