Supreme Court Strikes Down Age‑Based Restriction on Maternity Benefit for Adoptive Mothers
The Supreme Court on 17 March 2026 held that Section 60(4) of the Social Security Code, 2020 is unconstitutional. The Court read down the provision, granting a uniform 12‑week maternity leave to any woman who legally adopts a child, regardless of the child’s age.
Key Developments
- The Court declared the age‑based distinction violative of Article 14 and Article 21.
- Adoptive mothers now receive 12 weeks of maternity benefit from the date the child is handed over, aligning with benefits for biological mothers.
- The judgment urged the Union to introduce a statutory paternity leave as a social security benefit, with duration responsive to both parents’ needs.
- The case originated as W.P.(C) No. 960/2021 (Hamsaanandini Nanduri v. Union of India) and traced back to a 2021 petition challenging the earlier Maternity Benefit Act provision.
Important Facts
The earlier law, the Maternity Benefit Act, allowed adoptive mothers only if the child was below three months. The petitioner argued that adoption procedures under the Juvenile Justice Act, 2015 often take longer, creating a legal hurdle. The Court observed that the need for maternal care does not diminish with the child’s age, rendering the age limit “illusory”.
Relevance for UPSC
This judgment touches upon several UPSC syllabus areas:
- Polity (GS‑2): Interpretation of constitutional guarantees (Articles 14 & 21) and the role of the Supreme Court in safeguarding rights.
- Economy & Labour (GS‑3): Evolution of labour legislation through the Social Security Code and its impact on women’s workforce participation.
- Social Justice (GS‑4): Gender‑neutral social security measures, adoption policies, and child welfare frameworks.
Way Forward
To operationalise the Court’s direction, the Union should:
- Amend the Social Security Code to delete the three‑month age ceiling and issue detailed rules for implementation.
- Formulate a statutory paternity leave policy, specifying eligibility, duration, and payment structure.
- Streamline adoption procedures under the Juvenile Justice Act to reduce delays that affect eligibility for benefits.
- Conduct awareness campaigns for employers and adoptive parents about the expanded maternity benefits.
These steps will promote gender equality, encourage adoption, and strengthen India’s social security net, aligning with the constitutional ethos of equality and dignity.