Supreme Court Questions Centre On Maternity Leave Restrictions For Adoptive Mothers
NDTV
In October 2021, the apex court sought a response from the Centre on the plea which claimed section 5(4) of the Maternity Benefit Act, 1961 was discriminatory and arbitrary.
The Supreme Court has asked the Centre to explain the rationale behind a provision which entitles only those women, who adopt a child below the age of three months, to seek maternity leave benefits.
The apex court was hearing a plea challenging the constitutional validity of a provision of the Maternity Benefit Act, 1961 which entitles only those women who are adopting a child below the age of three months to seek benefits of maternity leave for a period of 12 weeks.
A bench of Justices J B Pardiwala and Pankaj Mithal said the case put up by the petitioner in public interest prima facie was that the provision was a social welfare legislation and there was no reasonable classification when it restricted the age of infant up to three months.
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