The Maternity Benefit Act of 1961 contains a provision that specifies that a woman who legally adopts a child under the age of three months is entitled to maternity leave. The Supreme Court decided to consider a petition challenging the constitutional legality of this provision on April 28. The petition claimed that the alleged 26-week maternity benefit for biological mothers and the purported 12-week benefit for adoptive mothers “fail to stand even the most basic scrutiny of Part III of the Constitution, which is wedded to the concept of non-arbitrariness.” The arguments made by a lawyer before a bench consisting of Chief Justice DY Chandrachud, Justices PS Narasimha, and JB Pardiwala were noted.
SC agrees to hear on Apr 28 plea challenging constitutional validity of provision of Maternity Benefit Act
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