Government jobs • Exam updates • PreparationIndependent information portal
RojgarRankYOUR NEXT STEP STARTS HERE
Current Affairs

Supreme Court Expands Maternity Leave Rights for Adoptive Mothers

By Published

On 17 March 2026, the Supreme Court of India in Hamsaanandini Nanduri v. Union of India struck down Section 60(4) of the Code on Social Security, 2020. Previously, adoptive mothers were granted 12 weeks of maternity leave only if the adopted child was below 3 months old at the time of adoption. The Court declared that adoptive mothers are entitled to 12 weeks of maternity leave regardless of the child's age at adoption, citing violations of Articles 14 and 21 of the Constitution. This landmark judgment affirms maternity benefit as a basic human right and supports equality and dignity provisions for adoptive mothers under Indian labour laws.

On this page

Key Facts

  • Date of Judgment: 17 March 2026
  • Case Name: Hamsaanandini Nanduri v. Union of India
  • Bench: Justices J.B. Pardiwala and R. Mahadevan
  • Provision struck down: Section 60(4) of the Code on Social Security, 2020
  • Earlier provision: 12 weeks of maternity leave granted only when the adopted child was below three months of age
  • Supreme Court ruling: Adoptive mothers entitled to maternity leave irrespective of the child's age at adoption
  • Constitutional basis: Articles 14 (Equality before law) and 21 (Protection of life and personal liberty including dignity)

Background & Context

The Code on Social Security, 2020 consolidates various labour laws including the Maternity Benefit Act, 1961. Section 60(4) of this Code had limited maternity benefits for adoptive mothers only when the adopted child was below three months old. Since adoption is a legal process which can often take longer than three months, this provision unfairly restricted many adoptive mothers from availing maternity benefits.

The Supreme Court found the age restriction arbitrary and discriminatory, violating the constitutional guarantees of equality and personal liberty. The Court recognized that adoptive mothers have the same caregiving responsibilities as biological mothers, and that maternity benefits are linked to motherhood, not childbirth or the child’s age.

Why This Matters for Exams / Exam Relevance

This judgment is significant in the context of labour law, social security, and constitutional rights in India. Candidates preparing for civil services and law exams should note the expanded interpretation of maternity benefits under labour laws, the reinforcement of Articles 14 and 21 relating to equality and dignity, and the recognition of maternity leave as a fundamental right of working women, including adoptive mothers.

The ruling also signals judicial acknowledgment of evolving concepts of parenthood and social security benefits, influencing how social welfare and family-related labour provisions may be understood and applied.

Points to Remember

  • The Supreme Court declared Section 60(4) of the Code on Social Security unconstitutional.
  • Adoptive mothers can avail 12 weeks maternity leave regardless of the child’s age at adoption.
  • The decision is grounded in Articles 14 and 21 of the Indian Constitution.
  • Maternity benefit is recognized as a basic human right, equally applicable to adoptive mothers.
  • The Code on Social Security, 2020 is one of four consolidated labour codes passed by the Indian Parliament.
  • The judgment emphasizes dignity and equality and calls upon the government to consider recognizing paternity leave as a social security benefit.
← Back to Current Affairs