Context
The Supreme Court removed restrictive conditions in maternity laws and held that adoptive mothers are entitled to 12 weeks paid leave.
Key Points
• Two laws exist → Maternity Benefit Act, 1961 (in force) and Code on Social Security, 2020 (not fully implemented)
• Earlier provision (in both laws) →
Adoptive mother gets 12 weeks leave only if child < 3 months
• Issue → adoption process delay → many mothers denied leave
• Supreme Court ruling →
• Removed 3-month condition
• All adoptive mothers eligible for 12 weeks leave
• Principle → maternity benefit based on caregiving and bonding, not technical conditions
