Supreme Court Questions Limited Maternity Benefits for Adoptive Parents

Last Updated on November 12, 2024 by Amit Patra

In a significant development, the Supreme Court has questioned the rationale behind a legal provision that restricts the maternity benefits for adoptive parents. The Court was hearing a public interest litigation that had challenged the validity of Section 5(4) of the Maternity Benefit Act, 1961.

It makes provision for maternity benefits only to an adopting mother upon the condition that the adopted child should not be more than three months of age. A division bench comprising Justices JB Pardiwala and Pankaj Mithal asked the counsel appearing for the government to explain what rationale lay behind this restriction.

“What is the rationale behind saying child has to be three months or less? What is the object of giving maternity leave? To take care of the child, whether it be biological or any kind of mother. What is the idea behind giving maternity benefit only to that woman who adopts children aged less than three months?” the Court questioned.

Petitioner H Nanduri said this provision conflicted with the Juvenile Justice Care and Protection of Children Act and fundamental rights guaranteed by the Constitution. It mentioned how a mother cannot adopt infants below three months, besides being denied statutory maternity benefits available to biological mothers.

The Union government, in its response, has submitted that there is “tremendous difference” between biological and adoptive mothers. However, the Bench did not seem to be convinced with this and has hence asked the government to file a better affidavit within four weeks. This indicates that the Court is fairly sceptical about the stand taken up by the government.

This PIL has raised some pertinent questions concerning the rights of adoptive parents, in an equal footing, and alignment of the Maternity Benefit Act with the wider principles of child welfare and constitutional rights. No doubt, the judgment passed by the Supreme Court demonstrates an already increased awareness on the part of the courts to ensure that the law marches with changing social realities and extends equal support to all parents irrespective of the mode of parenthood.