Context:
The Supreme Court granted 12 weeks’ paid leave to adoptive mothers, expanding maternity benefits and advocating paternity leave.
Key Highlights:
- Case Facts / Judgment Details
- Court struck down restrictive provision in Section 60(4) of Code of Social Security (2020/2025).
- Earlier, benefits limited to adoption of children below 3 months.
- Now extends 12 weeks paid leave to all adoptive mothers.
- Constitutional & Social Principles
- Recognized maternity leave as a basic human right.
- Adoption seen as reproductive autonomy.
- Emphasized child welfare and emotional bonding.
- Additional Observations
- Court urged recognition of paternity leave as a social security measure.
- Highlights need for shared caregiving responsibilities.
- Significance
- Promotes gender equality and inclusive family structures.
- Strengthens child rights and early childhood care.
Relevant Prelims Points:
- Code of Social Security, 2020 consolidates labour laws on social security.
- Maternity Benefit Act, 1961 provides paid maternity leave.
- Article 21: Right to life includes dignity and well-being.
- Paternity leave is not yet a statutory right in India.
Relevant Mains Points:
- Gender Justice & Social Equity
- Recognizes equal rights of adoptive and biological mothers.
- Promotes work-life balance and women’s participation in workforce.
- Child Welfare Perspective
- Early parental care crucial for emotional and cognitive development.
- Supports best interest of the child principle.
- Policy Gaps
- Absence of statutory paternity leave.
- Need for inclusive policies covering diverse family structures.
- Way Forward
- Enact comprehensive parental leave policy (including paternity leave).
- Align labour laws with changing social realities.
- Promote gender-neutral caregiving norms.
- Ensure effective implementation across public and private sectors.
UPSC Relevance:
• GS 2: Polity (Judiciary, rights)
• GS 2: Social Justice (Gender equality, labour rights)