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Sign in to searchSupreme Court landmark decision on maternity leave
The recent judgment of the Supreme Court of India in Hansanandini Nanduri v. Union of India marks a significant development in labour rights and gender justice. The Court struck down the provision under the Code on Social Security, 2020 that restricted maternity leave for adoptive mothers only if the child was below three months of age. The Court held this restriction unconstitutional, as it violated Article 14 and Article 21 of the Constitution.
The judgment broadens the concept of motherhood by recognizing that caregiving and emotional bonding are not limited to biological birth. By granting 12 weeks of maternity leave to adoptive mothers irrespective of the child’s age, the Court ensures parity between biological and adoptive parenthood. It also recognized adoption as part of reproductive autonomy, thereby expanding constitutional protection.
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Supreme Court landmark judgment on maternity leave for adoptive mothers. Strikes down age restrictions, expands constitutional protection for gender equality.
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