Supreme Court ने Section 60(4) of Social Security Code को असंवैधानिक घोषित किया, सभी दत्तक माताओं को 12‑सप्ताह की मातृत्व अवकाश का विस्तार किया

Overview The Supreme Court on 17 March 2026 struck down Section 60(4) of the Social Security Code, 2020 . The Court held that the age‑based restriction violates Articles 14 and 21 of the Constitution and directed that any woman who legally adopts a child, irrespective of the child’s age, is entitled to a 12‑week maternity leave from the date of hand‑over. Key Developments Bench of Justice Pardiwala and Justice R. Mahadevan read down the provision to: “A woman who legally adopts a child, or a commissioning mother, shall be entitled to maternity benefit for a period of 12 weeks from the date the child is handed over.” The Court declared the age limit “illusory and devoid of practical application,” citing lack of rational nexus with the objective of the Code. Judgment invoked Articles 14 (equality before law) and 21 (right to life and personal liberty) as the constitutional basis for striking down the provision. The Court urged the Union to legislate a separate paternal leave as a social security benefit. Important Facts Case No. W.P.(C) No. 960/2021; Petitioner Hamsaanandini Nanduri v. Union of India. The petition originally challenged the 2017 amendment to the Maternity Benefit Act , which also limited benefits to children below three months. After the 2020 Code repealed the Act, the focus shifted to the corresponding clause in the Code. The petitioner highlighted procedural delays under the CARA and the Juvenile Justice (Care and Protection of Children) Act, 2015, which can extend the time before a child is legally free for adoption to four months. UPSC Relevance The judgment illustrates the application of constitutional principles (Articles