NEW DELHI: The Supreme Court of India on Tuesday ruled that maternity leave is a right available to all women, regardless of whether they become mothers through childbirth, adoption, or surrogacy.
The court observed that the arrival of a child in a family—by any means—brings responsibilities that require time, care, and attention to ensure the child’s well-being. It emphasised that motherhood cannot be limited to the biological act of giving birth.
A bench of Justices J B Pardiwala and R Mahadevan struck down a provision that denied maternity leave to women adopting children older than three months. The judges said maternity benefits must be understood in a broader sense, encompassing the full experience and responsibilities of motherhood.
Examining Section 60(4) of the Code on Social Security, which limited maternity benefits to women adopting infants below three months of age, the court held that the provision failed to reflect real-world needs.
It ruled that women adopting children above three months are in no way different from those adopting younger infants, and denying them maternity benefits amounts to discrimination. The court added that the purpose of maternity protection remains the same, irrespective of how a child becomes part of a family.
