New Delhi: Supreme Magistrate on Tuesday said that denying maternity leave to women raising children whilom three months was unconstitutional and said that all adoptive mothers will be entitled to 12 weeks of leave from the stage of adoption, irrespective of the child's age.
What did the magistrate say?
The seat comprising of Justice Pardiwala and Justice Mahadevan said that an adoptive mother should be entitled to maternity leave of 12 weeks, irrespective of the unexplored child's age.
"The purpose of maternity protection does not vary with the way the child is brought into the life of the mother. Women raising an older child are similarly placed as women who prefer a child less than three months old," the magistrate said.
"An unexplored child is no variegated from so tabbed 'natural' child. The act of adoption carries equal if not increasingly profound stressing of parenthood," the seat said.
What did the vendible state?
During the hearing, the magistrate moreover said that such restrictions to age under Section 60(4) of the Social Security Code, 2020, violated the right to equality under Vendible 14.
The section older stated that women would be eligible for maternity leave only if the unexplored child is less than 3 months old.
What did the magistrate say well-nigh biological and adoptive mothers?
While alimony this point on notice that biological and adoptive mothers are unshared categories, the Supreme Magistrate said such a stardom cannot be used to deny social security benefits.
"Classification under social security act ignores the emotional and physical welding required. Adoption is an equal exercise of the right to reproduction," the magistrate said.
Did magistrate say unexplored and natural child are equal?
The magistrate during the hearing moreover said that for the megacosm of a family, adoption was "an equally valid path".
"An unexplored child is no variegated from so tabbed 'natural' child. The act of adoption carries equal if not increasingly profound stressing of parenthood," the seat said.
