In October 2021, the apex court sought a response from the Centre on the plea that section 5(4) of the Maternity Benefit Act, 1961, was discriminatory and arbitrary.
New Delhi: The Supreme Court has asked the Centre to explain the rationale behind a provision that entitles only women who adopt a child under three months to seek maternity leave benefits.
A bench of the apex court was hearing a plea challenging the constitutional validity of a provision of the Maternity Benefit Act, 1961, that entitled only those women who are adopting a child below the age of three months to seek benefits of maternity leave for 12 weeks.
A bench comprising Justice J B Pardiwala and Justice Pankaj Mithal said the case made by the petitioner in public interest prima facie was that the provision was a social welfare legislation, and when it restricts the age of infant up to three months, there could not be reasonable classification.
The Bench said in its November 12 order, “If a woman adopts a child above three months, she shall not be entitled to any such maternity leave benefit as provided under the Amendment Act.
It said the Centre had filed its reply justifying the prescription for children under three months old, but during the hearing, many issues cropped up that required consideration.
“In the circumstances, we expect the Union of India to file a further reply on the issue discussed today, more particularly as to what is the rationale in saying that it is only that woman who adopts a child below the age of three months would be entitled to seek maternity leave benefits otherwise not,” said the Bench.
