Supreme Court Declares Section 60(4) of Social Security Code Unconstitutional, Extends Maternity Leave to Adoptive Mothers — UPSC Current Affairs | March 17, 2026
Supreme Court Declares Section 60(4) of Social Security Code Unconstitutional, Extends Maternity Leave to Adoptive Mothers
The Supreme Court on 17 March 2026 struck down Section 60(4) of the <span class="key-term" data-definition="Social Security Code, 2020 — a comprehensive labour law code that consolidates various social security statutes (GS3: Economy)">Social Security Code, 2020</span>, ruling that adoptive mothers are entitled to 12 weeks of maternity benefit irrespective of the child’s age. The judgment also urged the Union to legislate for paternal leave, highlighting gender‑neutral social security reforms.
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.
Judgment delivered on 17 March 2026 by the Supreme Court of India.
Section 60(4) of the Social Security Code, 2020, limiting maternity benefit for adoptive mothers to children below three months, was declared unconstitutional.
The Court read down the provision, granting a uniform 12‑week maternity leave to any woman who legally adopts a child, irrespective of the child’s age.
The decision rested on violation of Articles 14 (equality before law) and 21 (right to life and dignity) of the Constitution.
The case originated as W.P.(C) No. 960/2021 – Hamsaanandini Nanduri v. Union of India.
Earlier, the Maternity Benefit Act (amended 2017) allowed adoptive mothers only if the child was below three months.
The judgment also urged the Union to introduce a statutory paternity‑leave scheme.
Background & Context
The ruling aligns with the broader agenda of labour law consolidation under the Social Security Code, 2020, and addresses gender‑biased provisions that hinder women’s workforce participation. It also highlights the judiciary’s role in interpreting constitutional guarantees to promote social justice and child‑welfare policies.
UPSC Syllabus Connections
GS2•Welfare schemes for vulnerable sectionsPrelims_GS•Constitution and Political SystemPrelims_GS•National Current AffairsGS4•Concept of public service, philosophical basis of governance and probityPrelims_GS•Public Policy and Rights IssuesEssay•Youth, Health and WelfareEssay•Philosophy, Ethics and Human ValuesGS2•Executive and Judiciary - structure, organization and functioningEssay•Society, Gender and Social JusticeGS4•Dimensions of ethics - private and public relationships
Mains Answer Angle
GS‑2/GS‑3: Discuss how judicial intervention can reshape social security legislation to achieve gender equality and improve labour market outcomes, citing the Supreme Court’s decision on maternity benefits for adoptive mothers.