Context:
The Supreme Court struck down a discriminatory provision and granted 12 weeks of paid maternity leave to all adoptive mothers, irrespective of the child’s age.
Key Highlights:
- Judicial Ruling
- Declared Section 60(4) of Social Security Code, 2020 unconstitutional.
- Earlier restriction: benefit only for adoption of children below 3 months.
- Now extended to all adoptive mothers, regardless of age of child.
- Rights-Based Approach
- Recognized adoptive motherhood equal to biological motherhood.
- Linked maternity benefits to reproductive autonomy and dignity.
- Policy Observations
- Court urged government to introduce universal paternity leave.
- Highlighted importance of parent-child bonding, especially in adoption cases.
- Legislative Background
- Maternity Benefit Act, 1961 → 12 weeks leave initially.
- 2017 Amendment → 26 weeks for biological mothers; 12 weeks for adoptive mothers (below 3 months).
- Bombay Maternity Benefit Act, 1929 → first such legislation in India.
Relevant Prelims Points:
- Maternity Benefit Act, 1961 (Amended 2017) → governs maternity leave in India.
- Social Security Code, 2020 → consolidates labour laws.
- Paternity Leave → Currently 15 days for male government employees.
- Constitutional provisions: Article 14 (Equality), Article 21 (Right to dignity).
Relevant Mains Points:
- Gender Justice & Equality
- Removes discrimination between biological and adoptive mothers.
- Reinforces substantive equality under Article 14.
- Social Justice Dimension
- Encourages adoption and child welfare.
- Recognizes diverse forms of family structures.
- Labour Welfare & Work-Life Balance
- Supports women’s participation in workforce.
- Promotes child development and emotional bonding.
- Policy Gaps
- Lack of universal paternity leave.
- Limited coverage for informal sector workers.
- Way Forward
- Enact a comprehensive parental leave policy.
- Extend benefits to informal sector and gig workers.
- Promote gender-neutral caregiving policies.
UPSC Relevance:
• GS 2 – Polity (Judicial review, Fundamental Rights)
• GS 2 – Social Justice (Women & child welfare policies)
• Essay/Ethics – Gender equality, inclusive family structures