Supreme Court of India strikes down Section 60(4) restricting adoptive maternity benefits

Change
The Supreme Court of India struck down Section 60(4) of the Social Security Code, 2020, which had limited statutory maternity leave for adoptive mothers to cases where the child was adopted under three months of age.
Supreme Court of India strikes down Section 60(4) restricting adoptive maternity benefits
Why it matters
Employers and payroll administrators can no longer rely on an age-at-adoption cutoff to deny statutory maternity benefits to adoptive mothers. Organisations must revise claim-adjudication rules and leave-recording procedures that conditioned benefits on adoption within three months.
Implications
  • Human resources teams at Indian employers must update leave policies and payroll systems to grant statutory maternity benefits to adoptive mothers regardless of the adopted child's age, or face noncompliance with the Supreme Court ruling.
  • In-house legal and labour compliance teams at Indian employers must withdraw any internal guidance invoking Section 60(4) and revise adjudication criteria for maternity claims, or face legal challenge.

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Source

Bar & Bench

Topics

Governance Human Rights

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