New Delhi, March 17: In a judgment the Supreme Court of India has struck down Section 60(4) of the Code on Social Security, 2020, ruling that the provision unfairly restricted maternity benefits available to adoptive mothers.
A bench of the apex court held that the impugned provision—which limited maternity leave eligibility based on the age of the adopted child—was “arbitrary and violative of constitutional guarantees.” The Court found that such classification unjustly excluded many adoptive mothers from accessing essential maternity benefits, thereby undermining both maternal rights and child welfare.
Background of the Case
Section 60(4) of the Social Security Code provided maternity benefits to adoptive mothers only if they adopted a child below a specified age threshold. Petitioners had challenged this clause, arguing that it created an unreasonable distinction between biological and adoptive mothers, as well as among adoptive mothers themselves.
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The petition contended that the provision failed to recognize the emotional, psychological, and caregiving needs involved in adoption, regardless of the child’s age.
Court’s Observations
In its detailed judgment, the Court emphasized that motherhood is not confined to biological processes but extends to caregiving, emotional bonding, and nurturing responsibilities. It held that adoptive mothers require adequate time to establish a relationship with their child, similar to biological mothers.
The bench underscored thatThe restriction violated Article 14 (right to equality) of the Constitution. It disregarded the best interests of the child, a principle central to child rights jurisprudence and It perpetuated outdated notions of motherhood by prioritizing biological connections over social and emotional realities.
The Court also noted that adoption often involves children who may require additional care and adjustment, making the denial of sufficient leave particularly detrimental.
The ruling is expected to have wide-ranging implications for employers and employees across sectors. Organizations will now be required to extend maternity benefits to adoptive mothers without discriminatory conditions related to the child’s age.
