New Delhi : India has long debated maternity rights, particularly regarding adoptive mothers and the different treatment they face. In a landmark ruling on Tuesday, the Supreme Court of India clarified that adoptive mothers are no different from biological mothers and must be granted equal rights. The Court ruled that a mother adopting a child, regardless of the child’s age, is entitled to 12 weeks of maternity leave.
Previously, the law denied maternity leave to mothers adopting children older than three months. The Supreme Court declared this provision unconstitutional, stating that maternity protections should not depend on how a child enters a mother’s life. A bench comprising Justice P.R. Pardiwala and Justice S. Mahadevan emphasized that adoptive mothers must receive 12 weeks of maternity leave irrespective of the child’s age.
The Court also noted that discrimination against women adopting older children is unjust. It struck down the age-related restriction under Section 60(4) of the Social Security Code 2020, citing it as a violation of Article 14 of the Constitution, which guarantees equality. According to the Court, this provision constituted unfair discrimination against women and violated their right to equal treatment.