Skip to content
  • Facebook
  • X
  • Linkedin
  • WhatsApp
  • Associate Journalism
  • About Us
  • Privacy Policy
  • 033-46046046
  • editor@artifex.news
Artifex.News

Artifex.News

Stay Connected. Stay Informed.

  • Breaking News
  • World
  • Nation
  • Sports
  • Business
  • Science
  • Entertainment
  • Lifestyle
  • Toggle search form
  • Tactical astuteness and terrific wit make Rohit one of a kind Sports
  • Kolkata Knight Riders vs Delhi Capitals, IPL 2024: Match Preview, Fantasy Picks, Pitch And Weather Reports Sports
  • Adani starts $1.2 billion copper plant; to boost India’s metal production Business
  • “My Heart Rate Was Up”: MS Dhoni’s First Reaction After India’s T20 World Cup Win Is All Of Us Sports
  • Pakistan blocks X for the sixth day as activists criticize the social media platform’s shutdown World
  • India vs Pakistan, World Cup 2023 Live Streaming: Where To Follow Live Telecast Sports
  • Autopsy Reveals Chilling Details Of Meitei Family Kidnapped, Killed By Kuki Militants In Manipur Nation
  • 8-Year-Old Boy Among 3 Electrocuted In Rajasthan: Police Nation

Supreme Court Questions Centre On Maternity Leave Restrictions For Adoptive Mothers

Posted on November 15, 2024 By admin


The court was hearing a plea challenging the validity of a provision of the Maternity Benefit Act. (File)

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 women who are adopting a child below the age of three months to seek benefits of maternity leave for a period of 12 weeks.

A bench of Justices J B Pardiwala and Pankaj Mithal said the case put up by the petitioner in public interest prima facie was that the provision was a social welfare legislation and there was no reasonable classification when it restricted the age of infant up to three months.

“In other words, if a woman adopts a child above the age of three months, she will not be entitled to any such maternity leave benefit as provided under the Amendment Act,” the bench noted in its November 12 order.

It said the Centre has filed its reply justifying the prescription of the age of three months but during the course of the hearing, many issues have cropped up which require consideration.

“In such circumstances, we expect the Union of India to file a further reply on the issue discussed today, more particularly, as to what is the rationale in saying that it is only that woman who adopts a child below the age of three months would be entitled to seek maternity leave benefits otherwise not,” the bench said.

It said the reply be filed within three weeks.

The bench said a copy of the reply to be filed be served to the counsel for the petitioner well in advance and a rejoinder, if any, be filed within a week thereafter.

It posted the matter for final disposal on December 17.

In October 2021, the apex court sought a response from the Centre on the plea which claimed section 5(4) of the Maternity Benefit Act, 1961 was discriminatory and arbitrary. “Section 5(4) apart from being discriminatory and arbitrary towards the adoptive mothers, also arbitrarily discriminates against orphaned, abandoned or surrendered children above the age of three months, which is completely incompatible to the object of the Maternity Benefit Act as well as the Juvenile Justice Act,” the plea said.

The petition stated the purported 12 weeks of maternity benefit to adoptive mothers was not only a “mere lip service but when juxtaposed with the maternity benefit of 26 weeks provided to biological mothers, fails to stand even the basic scrutiny of Part III of the Constitution which is wedded to the concept of non-arbitrariness”.

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)



Source link

Nation Tags:adoptive mothers maternity benefits, constitutional validity maternity benefits, Maternity Benefit Act 1961, Maternity Leave, Supreme Court maternity leave

Post navigation

Previous Post: Top Court Issues Notices, Seeks Response Of UP Government In Remo D’Souza Cheating Case
Next Post: India’s Plan For Mohammed Shami In Australia Test Series Revealed? Childhood Coach Says…

Related Posts

  • After Court Setback, Rajasthan Moves To Save Iconic Building Bikaner House In Delhi Nation
  • Telangana Cabinet sanctions around 500 new posts in different categories   Nation
  • Veteran IAS Officer TV Somanathan Takes Over As Cabinet Secretary Nation
  • SIT to Probe Alleged Irregularities In Tirupati Temple Body Amid Laddoo Row Nation
  • Probe Agency Arrests “Kingpin” Of Rs 5,000-Crore Cyber Crime Case Nation
  • After Congress Chief Ministers, Bhagwant Mann Says He Will Skip Niti Aayog Meet Nation

More Related Articles

Doctors Hold Protest Meet In Kolkata, Facing Off State’s Puja Carnival Nation
Request To Sort Mutually, Fake PMO Official Threatens CEO Of Dr Agarwal Eye Hospital Nation
Centre’s ‘Excessive Interest’ In Religious Matters Against Constitution: Mayawati On Waqf Bill Nation
Rahul Gandhi, 2024 Lok Sabha Election: Will Remove 50% Cap, Give As Much Reservation As Needed: Rahul Gandhi Nation
Renowned Singer Sharda Sinha On Ventilator Support At AIIMS, PM Modi Assures Help For Treatment Nation
Bhopal Voters Win Diamond Rings In Lucky Draw Event To Raise Turnout Nation
SiteLock

Archives

  • November 2024
  • October 2024
  • September 2024
  • August 2024
  • July 2024
  • June 2024
  • May 2024
  • April 2024
  • March 2024
  • February 2024
  • January 2024
  • December 2023
  • November 2023
  • October 2023
  • September 2023
  • August 2023
  • July 2023
  • June 2023
  • May 2023
  • April 2023
  • March 2023
  • February 2023
  • January 2023
  • December 2022
  • November 2022
  • October 2022
  • September 2022
  • August 2022
  • July 2022
  • June 2022
  • May 2022

Categories

  • Business
  • Nation
  • Science
  • Sports
  • World

Recent Posts

  • Ajinkya Rahane Or Venkatesh Iyer? Kolkata Knight Riders CEO’s Brutally Honest Verdict On IPL Captaincy
  • Robert Lewandowski Hits Champions League Century As Barcelona Beat Brest
  • Ceasefire In Israel-Hezbollah War Begins
  • Norway’s apology to Sami and other minority groups for assimilation policies
  • Australia’s House of Representatives passes bill that would ban young children from social media

Recent Comments

  1. dfb{{98991*97996}}xca on UP Teacher Who Asked Students To Slap Muslim Classmate
  2. "dfbzzzzzzzzbbbccccdddeeexca".replace("z","o") on UP Teacher Who Asked Students To Slap Muslim Classmate
  3. 1}}"}}'}}1%>"%>'%> on UP Teacher Who Asked Students To Slap Muslim Classmate
  4. bfg6520<s1﹥s2ʺs3ʹhjl6520 on UP Teacher Who Asked Students To Slap Muslim Classmate
  5. pHqghUme9356321 on UP Teacher Who Asked Students To Slap Muslim Classmate
  • Four Indian nationals killed in multiple-vehicle road accident in Texas World
  • Tata Sons Eyes Mega Monetisation Of Assets Via Stakes Sale, IPOs Nation
  • Mark Zuckerberg, With $1 Base Salary, Received Over $24 Million In “Other Compensation” In 2023 World
  • China to launch ‘international manhunt’ to target officials involved in graft in BRI projects: Report World
  • “After a stage, money doesn’t matter”: Ashwin on Rohit’s future in Mumbai Indians ahead of IPL 2025 mega auction Sports
  • Two forerunners that set the stage for ISRO’s Gaganyaan test Science
  • India General Election 2024 LIVE updates: PM Modi in Kanyakumari for 2-day meditation retreat; campaigning for 7th phase ends Nation
  • Iran Could Launch A “Significant” Attack On Israel This Week, Claims US World

Editor-in-Chief:
Mohammad Ariff,
MSW, MAJMC, BSW, DTL, CTS, CNM, CCR, CAL, RSL, ASOC.
editor@artifex.news

Associate Editors:
1. Zenellis R. Tuba,
zenelis@artifex.news
2. Haris Daniyel
daniyel@artifex.news

Photograher:
Rohan Das
rohan@artifex.news

Artifex.News offers Online Paid Internships to college students from India and Abroad. Interns will get a PRESS CARD and other online offers.
Send your CV (Subjectline: Paid Internship) to internship@artifex.news

Links:
Associate Journalism
About Us
Privacy Policy

News Links:
Breaking News
World
Nation
Sports
Business
Entertainment
Lifestyle

Registered Office:
72/A, Elliot Road, Kolkata - 700016
Tel: 033-22277777, 033-22172217
Email: office@artifex.news

Editorial Office / News Desk:
No. 13, Mezzanine Floor, Esplanade Metro Rail Station,
12 J. L. Nehru Road, Kolkata - 700069.
(Entry from Gate No. 5)
Tel: 033-46011099, 033-46046046
Email: editor@artifex.news

Copyright © 2023 Artifex.News Newsportal designed by Artifex Infotech.