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.
