What did the SC say about paid maternity leave?, Pg12

Key Highlights:

• The Supreme Court has ruled that adoptive mothers are entitled to 12 weeks of paid maternity leave, regardless of the child's age at adoption.
• The court struck down Section 60(4) of the Social Security Code, 2020, which previously limited this benefit to mothers adopting children under three months.
• The ruling recognizes that an adoptive mother has the same rights and obligations towards the child as a biological mother.
• The Court urged the Union government to consider a formal law recognizing paternity leave for all fathers.

Detailed Insights:

• The Bombay Maternity Benefit Act, 1929 was the first legislation to provide maternity benefits to women factory workers in India.
• The Maternity Benefit Act, 1961 initially granted 12 weeks of paid maternity leave to working women across India.
• The Maternity Benefit (Amendment) Act, 2017 extended paid maternity leave to 26 weeks for biological mothers and 12 weeks for adoptive or surrogate mothers adopting a child below three months.
• The Supreme Court emphasized that motherhood should not be viewed narrowly through biology and recognized adoption as part of the right to reproductive autonomy.
• The Court noted the importance of maternity leave in fostering an emotional bond between mother and child and highlighted the need for paid leave for older adoptees.
• Currently, only male government servants are entitled to 15 days of paternity leave upon the birth or adoption of a child.

Key Concepts Involved:

• Maternity Benefit Act: Indian law that provides maternity benefits to working women.
• Adoption: The legal process by which a person assumes the rights and responsibilities of a parent for a child who is not biologically their own.
• Paternity Leave: A period of leave granted to a father after the birth or adoption of a child.