Maternity Benefit -- Adopted Child -- Restriction Of Maternity Benefit To Adoptive Mothers Of Children Below Three Months Violates Articles 14 And 21 Of Constitution -- Supreme Court Strikes Down Section 60(4) Of Social Security Code
Adoption is an equal exercise of reproductive and decisional autonomy under Article 21 of the Constitution, and restriction of maternity benefit to adoptive mothers of children below three months of age violates Articles 14 and 21. Women adopting children aged three months or above are similarly situated to those adopting younger children and cannot be denied maternity benefit on the basis of the child's age. The "best interests of the child" principle extends beyond completion of adoption formalities and continues throughout the period of integration into the adoptive family. Section 60(4) of the Code on Social Security, 2020 is also incapable of practical implementation, as children are unlikely to be below three months by the time they are legally declared free for adoption.
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