SC notice to Centre on plea challenging constitutional validity of provision of Maternity Benefit Act


PTI, Oct 1, 2021, 5:18 PM IST

New Delhi: The Supreme Court Friday sought response from the Centre on a plea challenging the Constitutional validity of a provision of the Maternity Benefit Act, 1961 which states that a woman would be eligible for maternity leave who legally adopts a child below the age of three months.

A bench of Justices S A Nazeer and Krishna Murari issued notices to the Ministry of Law and Justice, Ministry of Women & Child Development while seeking their responses on the PIL which said Section 5(4) of the Maternity Benefit Act, 1961 was discriminatory and arbitrary.

A woman who legally adopts a child below the age of three months or a commissioning mother shall be entitled to maternity benefit for a period of twelve weeks from the date the child is handed over to the adopting mother or the commissioning mother, as the case may be.

The top court was hearing a plea filed by Karnataka resident Hamsaanandini Nanduri challenging the constitutional validity of Section 5(4) of the Maternity Benefit Act, 1961.

“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 that the purported 12 weeks of maternity benefit to adoptive mothers is 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.”

Udayavani is now on Telegram. Click here to join our channel and stay updated with the latest news.

Top News

Kinnigoli: Truck carrying red stone collides with Auto-Rickshaw; driver injured

UP govt to install 150,000 toilets for Maha Kumbh, set up paying guest facilities

Kavoor Police arrest two notorious cattle thieves

Udupi: Unidentified body found near Bailkere’s Vidhyodaya School

Sexual harassment case cannot be closed on basis of compromise between parties: SC

MLC Ivan D’Souza defends CM Siddaramaiah’s Lokayukta appearance, criticizes BJP’s ‘Drama’ claims

Ranji Trophy: Shreyas Iyer’s majestic 233 puts Mumbai in complete command against Odisha

Related Articles More

Felling of trees: What is being done to restore Delhi Ridge? SC asks DDA

UP govt to install 150,000 toilets for Maha Kumbh, set up paying guest facilities

Sexual harassment case cannot be closed on basis of compromise between parties: SC

BJP slams Rahul Gandhi over his recent opinion piece, calls it ‘laughable’

I’m not anti-business, I’m anti-monopoly: Rahul

MUST WATCH

Gho Pooja in Deepavali Festival

Melukote Deepavali

Ganapathi Co-operative Society Ltd

Udayavani Chinnara Banna 2024

Annapoorna Aahar | Food Places In Mysore


Latest Additions

Felling of trees: What is being done to restore Delhi Ridge? SC asks DDA

Kinnigoli: Truck carrying red stone collides with Auto-Rickshaw; driver injured

UP govt to install 150,000 toilets for Maha Kumbh, set up paying guest facilities

Kavoor Police arrest two notorious cattle thieves

Udupi: Unidentified body found near Bailkere’s Vidhyodaya School

Thanks for visiting Udayavani

You seem to have an Ad Blocker on.
To continue reading, please turn it off or whitelist Udayavani.