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Supreme Court seeks reasons for denying maternity leave to woman if adopted child aged above three-months

Writer: samyaknagar2704samyaknagar2704

The Supreme Court of India questioned the Centre on the rationale behind limiting maternity leave benefits to women adopting children below three months of age under the Maternity Benefit Act, 1961. A Bench of Justices J.B. Pardiwala and Pankaj Mithal observed that the provision, challenged for its constitutionality, lacked reasonable classification and discriminated against adoptive mothers and children above three months. The Centre defended the provision but was directed to file a detailed reply within three weeks, addressing concerns raised. The petitioner argued that the provision unfairly excluded older children and failed to align with the Act's objectives, contrasting the 12-week leave for adoptive mothers with the 26-week leave for biological mothers. The case is set for final hearing on December 17.





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