The Supreme Court of India struck down a rule that limited maternity leave for adoptive mothers to those adopting infants under three months, calling it discriminatory. It ruled that all adoptive mothers are entitled to 12 weeks of leave, regardless of the child’s age. A bench of JB Pardiwala and R Mahadevan said adoption is an equally valid form of parenthood and urged the government to consider paternity leave for a more inclusive caregiving system.
The Supreme Court of India also struck down the age-based restriction under the Code on Social Security, 2020, calling it discriminatory and a violation of Articles 14 and 21 of the Constitution. It asserted that maternity leave cannot depend on the child’s age or mode of entry into a family, emphasised equal treatment for adoptive mothers, and affirmed that reproductive autonomy extends beyond biological childbirth to include adoption.
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Child welfare key: SC says adoptive leave must cover older children
The Supreme Court of India struck down a rule limiting maternity leave for adoptive mothers to those adopting infants under three months, calling it discriminatory. It granted all adoptive mothers 12 weeks of leave, regardless of the child’s age. A bench of JB Pardiwala and R Mahadevan said adoption is an equally valid form of parenthood and urged the government to consider paternity leave to promote a more inclusive caregiving system.
The Supreme Court of India also struck down the age-based restriction under the Code on Social Security, 2020, calling it discriminatory and a violation of Articles 14 and 21 of the Constitution. It clarified that maternity leave cannot depend on the child’s age or mode of entry into a family, ensured equal treatment for adoptive mothers, and expanded reproductive autonomy to include adoption beyond biological childbirth.
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