SC agrees to hear plea challenging provision of Maternity Benefit Act relating to maternity leave of adoptive mothers on April 28

New Delhi [India], April 12 : The Supreme Court on Wednesday agreed to hear on April 28 a Public Interest Litigation (PIL) challenging a provision of the 'Maternity Benefit Act' which says that adoptive mothers will be eligible for maternity leave only if they adopt children who are less than three months old.

A bench headed by Chief Justice of India DY Chandrachud said it would post the matter for hearing on April 28 after an advocate for the petitioner mentioned the case for early listing.

Earlier, the apex court had sought a response from the Central government on the plea that the provision is "discriminatory and arbitrary" towards the adoptive mothers.

The petitioner, Hamsaanandini Nanduri, challenged the Constitutional validity of Section 5(4) of the Maternity Benefit Act, 1961, as per which, a person has to be an adoptive parent to a child below three months to avail the benefit of 12 weeks of maternity leave.

"There is no provision for maternity leave at all for a mother adopting an orphaned, abandoned or surrendered child above the age of three months," the plea said, adding that "Such a distinction will lead to parents preferring to adopt a newborn child as against older children."

It said, "Section 5(4) therefore discriminates not only between biological and adoptive mothers but also between children who are adopted."

The plea also raised objections to the period of maternity leave provided to adoptive mothers as compared to biological mothers.

"The adoptive mother gets 12 weeks of maternity benefit but the maternity benefit of 26 weeks is provided to biological mothers," it added.

It also highlighted that Adoption Regulations involve a minimum duration of two months for a child to be declared "legally free for adoption" in accordance with the law.

"Inevitably, such processes and procedures are fraught with delays," it said.

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