In a significant judgment, the Supreme Court of India has ruled that denying maternity leave to women who adopt children above three months of age is unconstitutional. The court recognised that adoptive mothers are entitled to the same support and dignity as biological mothers and directed that they be granted 12 weeks of maternity leave regardless of the child’s age at the time of adoption.
The bench, comprising Justices JB Pardiwala and R. Mahadevan, held that the earlier rule restricting maternity leave only to adoptions of children below three months was arbitrary and failed to reflect the realities of the adoption process. It was observed that such a limitation unfairly excluded many adoptive mothers from essential benefits.
The court emphasised that motherhood is not confined to childbirth but extends to emotional connection, care, and responsibility. It noted that the process of becoming a mother develops over time through bonding and caregiving, and this applies equally to adoptive mothers. According to the judgment, an adopted child must be treated on par with a biological child in both law and social understanding.
Highlighting the purpose of maternity leave, the court explained that it serves multiple functions, including recovery, emotional bonding, and caregiving. While physical recovery may be relevant in cases of childbirth, the need for bonding and childcare exists in all forms of motherhood. Therefore, these benefits cannot be denied based on how the child becomes part of the family.
The judgment also underlined that maternity benefits are crucial for supporting working women, ensuring they are not forced to choose between their careers and family responsibilities. The court acknowledged that women often face financial and professional setbacks due to childcare duties and noted that maternity leave plays a key role in preserving their dignity and economic participation.
In addition, the bench recognised the value of unpaid care work carried out by women within households, describing it as an essential yet often overlooked contribution to the economy.
The court also called upon the government to consider introducing paternity leave as part of social security measures. It observed that parenting responsibilities should be shared and that providing leave to fathers would enable them to actively participate in childcare and support mothers during the early stages of parenting.
Addressing practical concerns, the court pointed out that the earlier three-month condition was unrealistic, as adoption procedures in India often take longer. As a result, very few children are adopted at such a young age, leaving many adoptive mothers without access to maternity benefits.
The ruling came in response to a petition filed by Hamsanandini Nanduri. With this decision, the Supreme Court has clarified that maternity benefits must be inclusive and aligned with the broader objective of ensuring equal care, protection, and dignity for both mothers and children, regardless of the nature of parenthood.
