SC seeks reasons for denying maternity leave to woman if adopted child aged above 3-month
New Delhi (PTI): 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 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 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 had sought 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
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
ICC puts PCB's 'POK 'Champions Trophy tour on hold after BCCI's strong objection
New Delhi, Nov 15: The BCCI has strong objected to Pakistan Cricket Board's purported move to take the Champions Trophy for a tour of the disputed 'Pakistan Occupied Kashmir' (POK), prompting the global body ICC to put the promotional event on hold.
The tournament, last played in 2017, is already in limbo after the BCCI officially intimated ICC about Indian cricket team's inability to travel to Pakistan.
The PCB in return, as of now, has rejected the proposed 'Hybrid Model' with India playing its matches in Dubai. The schedule has also been put on hold and the new controversy could only make things ugly.
It is learnt that BCCI secretary Jay Shah on Friday spoke to the top brass of the ICC and condemned this move by Pakistan and has urged the global body to take strong note.
"The BCCI secretary, after it came to his notice, called up the ICC and was extremely critical of PCB's move to conduct a Trophy tour of multiple cities which fall under Pakistan Occupied Kashmir," a senior BCCI official privy to the development told PTI on conditions of anonymity.
"He has urged the ICC to take strong action. As far as Islamabad is concerned, there is no issue but there can't be any Trophy tour to POK."
The Trophy Tour is part of the global body’s promotional campaign, involving visits to multiple cities as per discussions between the international body and the host country.
However, the Pakistan Cricket Board (PCB), without prior consultation with all stakeholders, announced on its official social media that the Trophy would be taken to Skardu, Murree, and Hunza -- areas that fall under the disputed territory.
"Get ready, Pakistan! The ICC Champions Trophy 2025 trophy tour kicks off in Islamabad on 16 November, also visiting scenic travel destinations like Skardu, Murree, Hunza and Muzaffarabad. Catch a glimpse of the trophy which Sarfaraz Ahmed lifted in 2017 at The Oval, from 16-24 November," PCB tweeted.
When an ICC Board Member was contacted, he told PTI: "The discussions on Trophy tour is still on. I am not aware if PCB had kept everyone in loop about the four cities mentioned but if not then it was certainly not the right thing to do. I don't think ICC will allow PCB to take the trophy to any disputed region."
