JudiciaryImportant2026-03-17

SC Extends Maternity Benefits for All Adoptive Mothers

Why focus: Strikes down Social Security Code Sec 60(4). High probability for Assertion-Reason on Article 14 classification and maternity leave rules.

In News

What Happened

On March 17, 2026, the Supreme Court of India delivered a landmark judgment in the Hamsaanandini Nanduri v. Union of India case. The Court struck down Section 60(4) of the Code on Social Security, 2020, which restricted the 12-week maternity leave to mothers adopting children under three months of age. The ruling extended this maternity benefit to all adoptive mothers, regardless of the age of the adopted child.

Why It Matters

This judgment is crucial for advancing gender parity in the workplace and protecting the rights of adoptive parents and older orphans. By removing the arbitrary age restriction, it recognizes that the bonding and care required for an adopted child are not limited to infants, thus promoting a more inclusive adoption ecosystem in India.

Background

History & Context

The Maternity Benefit (Amendment) Act of 2017 introduced a 12-week maternity leave for commissioning and adopting mothers, but strictly limited it to those adopting children below three months of age. This restriction was later carried over into Section 60(4) of the Code on Social Security, 2020. Petitions, such as the one filed by Hamsaanandini Nanduri, argued that this age limit was arbitrary because Indian adoption processes under the Juvenile Justice Act often take much longer, making it nearly impossible to legally adopt a child under three months. The Supreme Court agreed, finding the provision incompatible with the fundamental rights guaranteed by the Constitution.

What Changed

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BEFORE: Adoptive mothers were entitled to 12 weeks of maternity leave only if the adopted child was under three months old. NOW: All adoptive mothers are entitled to the 12-week maternity leave, irrespective of the adopted child's age.
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BEFORE: Section 60(4) of the Code on Social Security, 2020 created a legal distinction between mothers adopting infants and those adopting older children. NOW: This classification has been struck down as unconstitutional, ensuring equal treatment for all adoptive mothers under Article 14.
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BEFORE: The law implicitly overlooked the bonding time needed for older adopted children, prioritizing infant care. NOW: The law recognizes the universal need for mother-child bonding and care upon adoption, aligning with the reproductive autonomy and right to life under Article 21.

Prelims Angle

NCERT Connection

This judgment directly applies the concepts of 'Right to Equality' and 'Right to Life and Personal Liberty' found in Class 11 Political Science Chapter 2 - Rights in the Indian Constitution. The Supreme Court utilized Article 14 to strike down the arbitrary classification of adoptive mothers based on the child's age, finding no reasonable nexus with the object of the law. Furthermore, it expanded Article 21 to ensure that reproductive autonomy and the dignity of motherhood apply equally to all adoptive parents.

Practice Questions

Q1

Correct Statement(s)

Which of the following statements is/are correct regarding the Supreme Court judgment on maternity benefits for adoptive mothers? 1. The Supreme Court struck down Section 60(4) of the Code on Social Security, 2020 for violating Articles 14 and 21. 2. The judgment mandates 26 weeks of maternity leave for all adoptive mothers, matching the benefit given to biological mothers.

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