Supreme Court questions provisions denying maternity leave if adopted child is above 3 months; reserves judgement

She also argued before the court that the problem with Section 5(4) is that if an adoptive mother adopted a child above the age of 3 months, she would not be entitled to maternity benefits of 12 weeks.

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The Supreme Court in the case Hamsaanandini Nanduri Versus Union Of India observed and has reserved judgement in a writ petition filed challenging Section 5(4) of the Maternity Benefit Act, 1961(as amended in 2017) as per which a woman who adopts a child is entitled to maternity benefit only if the adopted child is aged less than three months.

The bench comprising of Justice J.B. Pardiwala and Justice R. Mahadevan was hearing the present matter. The bench in the case was hearing the challenge to the specific provision relating to an adoptive mother, which was inserted in 2017.

The counsel appearing for the petitioner submitted before the court that the adoption regime is governed by the Juvenile Justice (Care and Protection of Children) Act, 2015.