On Tuesday, the Supreme Court of India declared unconstitutional a provision in the Social Security Code that restricted maternity leave for adoptive mothers only if the adopted child was under three months old.
Equality in Parental Benefits
The bench ruled that limiting leave based on the age of the adopted child lacked rational nexus with the purpose of maternity benefits, which aim to support care and bonding. All adoptive mothers are now entitled to 12 weeks of maternity leave regardless of child age.
Judicial Call for Inclusive Policies
In its judgment, the court also urged the Union government to consider introducing legal recognition of paternity leave as a social welfare measure, reflecting a broader move toward gender‑neutral caregiving policies.
