PIL BEFORE THE SC, CHALLENGING SECTION 5(4) OF THE MATERNITY BENEFIT ACT, 1961

The Supreme Court was a Public Interest Litigation challenging Section 5(4) of the Maternity Benefit Act, 1961, which lays down that adoptive mother will be eligible for maternity leave only if they adopt children less than 3 months old. A person can avail of the 12 weeks of maternity leave only if they adopt a child below three months of age. 

The Petitioner, Hamsaanandini Nanduri, said that such a restrictive clause would lead to parents preferring to adopt newborn children against older children. Section 5(4( not only discriminates between biological mothers and adoptive mothers but also between a newborn child and an older child. 

The Plea further said that the provisions are also in conflict with the spirit of the Juvenile Justice Act as it does not take into consideration the procedure of adoption under the JJ Act. Further, as per the adoption regulations, a minimum period of two months is required for a child to be declared as “legally free for adoption”.

The plea further took objection to the period (12 weeks) of maternity leave provided to adoptive mothers and 26 weeks provided to biological mothers.

Author: Papiha Ghoshal