New Delhi, March 17 -- Observing that the object of maternity benefit is not associated with the process of childbirth but with the that of motherhood, the Supreme Court on Tuesday ruled that Section 60(4) of the Code on Social Security, 2020, that allowed adoptive mothers to avail 12 weeks' maternity leave only if the adopted child was below three-months of age is unconstitutional and violative of the Right to Equality.

A bench of Justices JB Pardiwala and R. Mahadevan observed that the object of maternity benefits is intrinsically linked to motherhood. In this context, adoptive mothers of children above three months are similarly situated to those adopting younger infants, as both require time for bonding, caregiving and adjustment, th...