'No Rationale' : Supreme Court Questions Provision Denying Maternity Leave If Adopted Child Is Above 3 Months; Reserves Judgment
1 month, 3 weeks ago

'No Rationale' : Supreme Court Questions Provision Denying Maternity Leave If Adopted Child Is Above 3 Months; Reserves Judgment

Live Law  

The Supreme Court today reserved judgment in a writ petition challenging Section 5 of the Maternity Benefit Act, 1961 as per which a woman who adopts a child is entitled to maternity benefit only if the adopted child is aged less than three months.A bench of Justices J.B. Pardiwala and R. Mahadevan was hearing the challenge to the specific provision relating. The Supreme Court today reserved judgment in a writ petition challenging Section 5 of the Maternity Benefit Act, 1961 as per which a woman who adopts a child is entitled to maternity benefit only if the adopted child is aged less than three months. She argued that the problem with Section 5 is that if an adoptive mother adopted a child above the age of 3 months, she would not be entitled to maternity benefits of 12 weeks. The Counsel submitted that the legislature gives 18 weeks of maternity benefit to the biological mother to take care of the child and recover post-delivery.

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History of this topic

SC seeks reasons for denying maternity leave to woman if adopted child aged above 3-month
4 months, 1 week ago

SC seeks reasons for denying maternity leave to woman if adopted child aged above 3-month

Deccan Chronicle  

New Delhi: The Supreme Court has asked the Centre to explain the rationale behind a provision which entitles only those women, who adopt a child below the age of three months, to seek maternity leave benefits. The apex court was hearing a plea challenging the constitutional validity of a provision of the Maternity Benefit Act, 1961 which entitles only those …

Why Maternity Benefit Available To Adoptive Mothers Only If Adopted Child Is Below 3 Months Old? Supreme Court Asks Centre
4 months, 1 week ago

Why Maternity Benefit Available To Adoptive Mothers Only If Adopted Child Is Below 3 Months Old? Supreme Court Asks Centre

Live Law  

The Supreme Court today sought response from the Union in a petition challenging the provision of the Maternity Benefit Act, 2017 as per which maternity benefits are available to an adoptive mother only if the child in aged below 3 months. The bench of Justices Pardiwala and Pankaj Mithal was hearing a PIL filed by an adoptive mother challenging S. …

Supreme Court seeks Centre's reply on restrictive benefits for adoptive mothers
4 months, 1 week ago

Supreme Court seeks Centre's reply on restrictive benefits for adoptive mothers

India Today  

The Supreme Court on Tuesday directed the central government to clarify its policy on maternity benefits for adoptive mothers, specifically in cases where the adopted child is below three years of age. CURRENT LEGAL FRAMEWORK Under the existing provisions of the Maternity Benefit Act, 1961, adoptive mothers are eligible for 12 weeks of maternity leave only if their adopted child …

High Court Rules in Favor of Maternity Benefits for Contractual Employees
4 months, 3 weeks ago

High Court Rules in Favor of Maternity Benefits for Contractual Employees

Live Law  

The Madras High Court has ruled that the provisions of the Maternity Benefits Act would prevail over any contractual conditions set up by the employer to deny maternity benefits to a woman. The court held that the benefits of the Maternity Benefits Act would be applicable to contractual employees and the employer could not rely on the contract of employment …

Supreme Court rejects plea for termination of over 27-week pregnancy, says foetus has fundamental right to live
10 months, 1 week ago

Supreme Court rejects plea for termination of over 27-week pregnancy, says foetus has fundamental right to live

The Hindu  

The Supreme Court on May 15 refused to entertain a plea of a 20-year-old unmarried woman seeking termination of her over 27-week pregnancy, saying the foetus in the womb also has a fundamental right to live. A bench headed by Justice B R Gavai passed the order while hearing the woman's plea challenging the Delhi High Court's May 3 order …

Discrimination between biological & adoptive mothers: SC agrees to examine the law
1 year, 10 months ago

Discrimination between biological & adoptive mothers: SC agrees to examine the law

India Today  

For Karnataka-based Hamsaanandini Nanduri, an adoptive mother since 2017, bringing up her two young children was an uphill task because of the discriminatory provisions under the Maternity Benefit Act. WHAT DOES THE ACT SAY The Maternity Benefit Act, 1961, as of date, grants maternity leave of 12 weeks only for adoptive mothers who have adopted a child that is less …

Why is the law on maternity leave facing a challenge from some adoptive mothers in the Supreme Court? - The Hindu
1 year, 11 months ago

Why is the law on maternity leave facing a challenge from some adoptive mothers in the Supreme Court? - The Hindu

The Hindu  

The story so far: The Supreme Court of India last week agreed to hear a petition challenging the constitutional validity of Section 5 of the Maternity Benefit Act, 1961, which entitles adoptive and surrogate mothers to only 12 weeks of maternity leave, and that too only if the child is under three months of age. The Maternity Benefits Act, 2017 …

Maternity Leave Under CCS Rules Can't Be Denied Because Woman's Husband Has Two Children From His Previous Marriage : Supreme Court
2 years, 7 months ago

Maternity Leave Under CCS Rules Can't Be Denied Because Woman's Husband Has Two Children From His Previous Marriage : Supreme Court

Live Law  

The Supreme Court, on Tuesday, held that a woman cannot be declined maternity leave under the Central Services 1972 with respect to her biological child on the ground that her spouse has two children from his earlier marriage. In this case, the woman's husband had two children from his previous marriage and she had previously availed child care leave for …

Maternity leave right cannot be taken away if availed earlier for non-biological kids: Supreme Court
2 years, 7 months ago

Maternity leave right cannot be taken away if availed earlier for non-biological kids: Supreme Court

India TV News  

Maternity leave right cannot be taken away if availed earlier for non-biological kids: Supreme Court Maternity leave news: The court said the rules on maternity benefits are formulated in terms of the provisions of Article 15 of the Constitution under which the State can adopt a provision for the protection of the interest of the women. Highlights Maternity leave is …

Denial Of Maternity Benefits To Mothers Adopting Children Aged Less Than 3 Months Challenged In Supreme Court
3 years, 5 months ago

Denial Of Maternity Benefits To Mothers Adopting Children Aged Less Than 3 Months Challenged In Supreme Court

Live Law  

The Supreme Court today has issued notice in a public interest litigation challenging the constitutionality of section 5 of the Maternity Benefit Act, 2017 which entitles maternity period benefits for a period of 12 weeks to only those mothers who are adopting a child below the age of three months. "Even strictly adhering to JJ Act, the process of adoption, …

Can Maternity Leave Under CCS Rules Be Denied On Grounds That Woman Has 2 Step-Children?: Supreme Court To Consider
3 years, 8 months ago

Can Maternity Leave Under CCS Rules Be Denied On Grounds That Woman Has 2 Step-Children?: Supreme Court To Consider

Live Law  

The bench of Justices DY Chandrachud and M.R Shah was considering an SLP arising out of a decision of the Punjab and Haryana High Court which confirmed the view of the Central Administrative Tribunal denying the petitioner the benefit of maternity leave under Rule 43 of the Central Civil Services Rules 1972 on the ground that her spouse had two …

Parents denied legal rights to biological children after using a gestational surrogate
4 years, 1 month ago

Parents denied legal rights to biological children after using a gestational surrogate

The Independent  

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Government Extends Benefits Of Extended Maternity Leave To Women Already On Such Leave
7 years, 10 months ago

Government Extends Benefits Of Extended Maternity Leave To Women Already On Such Leave

Live Law  

In another clarification issued by the Ministry of Labour and Employment, the Centre has explained that it is mandatory for employers to extend the benefit of enhanced maternity leave to those women workers who were already on maternity leave on the date of enforcement of the Maternity Benefit Act, 2017 i.e. The clarification was issued in view of the queries …

Government Extends Benefits Of Extended Maternity Leave To Women Already On Such Leave
7 years, 10 months ago

Government Extends Benefits Of Extended Maternity Leave To Women Already On Such Leave

Live Law  

In another clarification issued by the Ministry of Labour and Employment, the Centre has explained that it is mandatory for employers to extend the benefit of enhanced maternity leave to those women workers who were already on maternity leave on the date of enforcement of the Maternity Benefit Act, 2017 i.e. The clarification was issued in view of the queries …

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