Supreme Court strikes down maternity leave provision, expands adoptive mother benefits

The Supreme Court of India has struck down Section 60(4) of the Social Security Code, 2020, finding the provision legally deficient in its treatment of maternity benefits for working women. The bench determined that the section required modification to ensure equitable protection across different categories of mothers.

In a significant ruling, the Court expanded benefits for adoptive mothers, directing that women who adopt children be granted paid maternity leave on par with biological mothers. The judgment recognizes adoption as a legitimate pathway to motherhood deserving equal statutory protection and financial security during the critical period following a child's arrival in the family.

Beyond maternity provisions, the Supreme Court issued a recommendation to the Union government regarding paternity leave entitlements. While not striking down existing paternity provisions, the Court suggested that the government review and potentially expand paternity leave benefits to ensure fathers have adequate leave to participate in early childcare responsibilities.

The ruling reflects the Court's commitment to updating social security legislation to reflect contemporary family structures and gender equality principles. The judgment requires the government to revisit the relevant provisions of the Social Security Code and implement amendments that align with the Court's directions on both maternity and paternity leave frameworks.