Important decision of the Supreme Court: Women who adopt a child older than three months are also entitled to maternity leave.
New Delhi, March 17. The Supreme Court has given an important decision regarding maternity leave, which is considered a relief especially for women adopting a child. The apex court has clarified that now not only those who adopt a child up to three months of age, but also those who adopt a child older than that, will be entitled to maternity leave.
Actually, earlier there was a provision in the law that if a woman adopted a child up to three months of age, only then she could get 12 weeks of maternity leave. But, the Supreme Court considered this rule wrong and discriminatory. While striking down Section 60(4) of the Social Security Code, the Court said that this provision violates Article 14 (right to equality) and Article 21 (right to life and personal liberty) of the Constitution.
The top court believes that the purpose of maternity leave should not be limited only to the initial period of birth or adoption of the child, but is also necessary to create an intimate relationship between the mother and the child and to take care of the child. It is not right if this facility is given or withheld on the basis of the age of the child. This causes injustice to those women who, for some reason, adopt a slightly older child.
Advice to the Center – Clear and concrete law should be made regarding paternity leave also.
Apart from this, the Supreme Court gave another important suggestion to the Central Government and said that now the time has come that a clear and concrete law should be made regarding paternity leave for fathers also. This will also strengthen the role of the father in raising children and the responsibility will not rest only on the mother.
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