Lata's decision to adopt two-year-old Suchi brought immeasurable joy, but it also unveiled a harsh reality—limited maternity benefits for adoptive mothers. As Lata sought post-adoption leave, her employer's provision of only six weeks, as per company policy, devoid of additional crèche support or a maternity bonus, compelled her to quit her job, leading to financial challenges. “This is the price I paid for being infertile,” she said. Lata is not the only one in this struggle.
Maternity Benefit Act's Age-Based Constraints
The Maternity Benefit Act of 1961, in its current form, allows only a 12-week maternity leave for adoptive mothers with children under three months old. However, a significant gap exists for those adopting older children, leaving them without any maternity benefits. This age-based constraint is at the forefront of the debate.
CARA Regulations and Adoption Processes
CARA regulations add complexity to the situation. Abandoned or orphaned children must be declared legally free for adoption within a specified timeframe. The intricacies of these regulations contribute to the challenges adoptive mothers face when seeking appropriate maternity leave benefits. For instance, the process to declare the child legally free for adoption can only commence after two months have lapsed.
Legal Challenge to Constitutional Validity
Petitioners, unsatisfied with the existing provisions, approached the Supreme Court with a PIL challenging Section 5(4) of the Maternity Benefit Act. This section's constitutional validity is under scrutiny, highlighting the need for a more inclusive approach to maternity benefits for adoptive mothers. Chief Justice of India DY Chandrachud recognised the importance of the issue during a brief hearing, emphasising the necessity of a comprehensive examination.
As Lata and other adoptive mothers navigate these challenges, the legal debate unfolds. The call for inclusivity in maternity rights echoes not just in courtrooms but across the homes of countless families. A comprehensive examination of Section 5(4) is not just a legal necessity but a step towards acknowledging and rectifying the disparities faced by adoptive mothers. The journey towards fair and equal maternity benefits for all continues, ensuring that the joy of adoption isn't overshadowed by legal constraints.
Note: Images used are for representational purposes only. Names have been changed to respect privacy.