Supreme Court Mandates 12 Weeks Paid Leave for All Adoptive Mothers, Urges Paternity Leave
The Supreme Court declared maternity leave a basic human right, ruling that all adoptive mothers are entitled to 12 weeks of paid leave, irrespective of the child's age. This judgment struck down a provision in the Code of Social Security (2020) that limited this benefit to mothers adopting children under three months old. The Court emphasized that adoptive mothers have the same rights and obligations as natural mothers, requiring time to nurture the emotional bond. It also urged the Union government to legally recognize paternity leave as a social security benefit, stressing that parenthood is a shared responsibility and children need both parents' presence.
Key Points
- The Supreme Court ruled that maternity leave is a basic human right, extending 12 weeks of paid leave to all adoptive mothers regardless of the child's age.
- The judgment struck down a discriminatory provision in the Code of Social Security (2020) that restricted this benefit to mothers adopting children under three months.
- The Court highlighted that adoptive mothers require time to establish an emotional bond with the child, similar to natural mothers.
- It urged the Union government to introduce legal provisions for paternity leave, recognizing parenthood as a shared responsibility.
- The ruling aims to prevent gender inequality and ensure children benefit from both parents' presence in early caregiving.
Exam Facts
- The judgment was delivered by a Bench comprising Justice Pardiwala and Justice R. Mahadevan.
- The challenged provision was Section 60(4) of the Code of Social Security, 2020.
- The Maternity Benefit Act was replaced by the Code of Social Security in November 2025 (as per OCR text).
- The petition was filed by Hamsaanandini Nanduri, represented by advocate Bani Dikshit.
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