SC Asks Centre, Why Maternity Benefits to Adoptive Mothers, Only Available If Adopted Child is Below the Age of 3 Months, next Hearing on December 17

On November 12, 2024, the Supreme Court (SC) of India heard a PIL (Public Interest Litigation) by an adoptive mother, to two children since 2017, challenging Section 5(4) of the Maternity Benefit (Amendment) Act, 2017. Section 5(4) of the Act states, “A woman who legally adopts a child below the age of three months or a commissioning mother shall be entitled to maternity benefit for a period of twelve weeks from the date the child is handed over to the adopting mother or the commissioning mother, as the case may be.” The SC bench of Justice JB Pardiwala and Justice Pankaj Mithal sought a response from the Centre in the petition. It asked about the legislative intent to set the leave condition for only those adoptive mothers with an infant less than 3 months. The top court listed the matter for hearing on December 17, 2024.