Mumbai, March 19: In a landmark decision, the Supreme Court of India has mandated that women adopting children will now be entitled to 12 weeks of maternity leave, regardless of the child’s age. This ruling, delivered on March 17, aims to promote gender equality and facilitate the adoption process for women.
The bench, comprising Justices J.B. Pardiwala and R. Mahadevan, declared the previous stipulation that only allowed maternity leave for the adoption of children under three months old as unconstitutional. The court emphasized that granting leave based on the child’s age violates the right to equality and dignity as enshrined in Articles 14 and 21 of the Constitution.
Furthermore, the court suggested the inclusion of paternity leave in the law, highlighting the need for equitable parental leave policies. Currently, women are entitled to 26 weeks of paid leave for the first two children, while for more than two children, 12 weeks of leave is granted, with eight weeks available before delivery.
This ruling is expected to significantly impact the rights of adoptive mothers in India, making it easier for them to balance work and family responsibilities.