Why Maternity Benefit Available To Adoptive Mothers Only If Adopted Child Is Below 3 Months Old? Supreme Court Asks Centre

The Supreme Court today (November 12) sought response from the Union in a petition challenging the provision of the Maternity Benefit (Amendment) Act, 2017 as per which maternity benefits are available to an adoptive mother only if the child in aged below 3 months. 

The bench of Justices Pardiwala and Pankaj Mithal was hearing a PIL filed by an adoptive mother challenging S. 5(4) of the 2017 Act which provides adoptive mothers a maternity leave for 12 weeks provided that the infant she has adopted is under 3 months. The petitioner Hamsaanandini is an adoptive mother to two children since 2017. 

The bench inquired what was the legislative intent to set the leave condition for only those adoptive mothers with an infant less than 3 months.

The petitioner has challenged the present law for being arbitrary and violative of Article 19(1)(g) - the right to practice profession, trade or occupation as it creates legal hinderances for those women who want to adopt children under 3 months. 

The petitioner also stressed that the provision is impractical considering the procedural delays coming in way of adopting infants below 3 months. Notably, the Central Adoption Resource Authority (CARA) regulations provide their own set of time frames which do not favour the impugned provision. 

In case of an abandoned or orphaned child, the Child Welfare Committee (CWC) must declare its legal availability within 2-4 months depending on the age of the child. 

While those children surrendered by their biological parents have a 60-day period to reconsider the giving away. 

The matter will now be heard on December 17. 

Case Details : HAMSAANANDINI NANDURI vs. UNION OF INDIA W.P.(C) No. 000960 - / 2021

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