Supreme Court Expands Maternity Leave for Adoptive Mothers

The Supreme Court of India delivered a judgment on 17 March 2026 in Hamsaanandini Nanduri v. Union of India. A two-judge bench of Justices J.B. Pardiwala and R. Mahadevan struck down Section 60(4) of the Code on Social Security, 2020.

Maternity Benefit for Adoptive Mothers

Section 60(4) of the Code on Social Security, 2020 had granted 12 weeks of maternity benefit only when the adopted child was below three months of age. The Supreme Court held that adoptive mothers are entitled to 12 weeks of maternity leave irrespective of the child’s age at the time of adoption.

Constitutional Provisions Involved

The Court found the three-month age restriction inconsistent with Article 14 of the Constitution, which guarantees equality before law. It also held that the restriction violated Article 21, which protects life and personal liberty and has been interpreted to include dignity.

Code on Social Security, 2020

The Code on Social Security, 2020 is one of the four labour codes enacted by Parliament. It consolidates laws relating to social security, including maternity benefit, employees’ compensation, provident fund, and gratuity.

Important Facts for Exams

• Maternity benefit in India is governed by the Maternity Benefit Act, 1961, and related provisions under the Code on Social Security, 2020.
• Article 14 of the Constitution deals with equality before law and equal protection of the laws.
• Article 21 of the Constitution has been used by courts to include the right to dignity, privacy, and personal autonomy.
• The Code on Social Security, 2020 is part of the labour law consolidation exercise that also includes the Industrial Relations Code, 2020, the Occupational Safety, Health and Working Conditions Code, 2020, and the Code on Wages, 2019.

Adoption and Family Law Context

Adoption in India is regulated through statutory and administrative procedures, and the legal process often takes time. The judgment applies to adoptive mothers under Indian labour and social security law.

Paternity Leave in India

India does not have a uniform statutory paternity leave law for all employees in the private sector. Paternity leave provisions exist in some government service rules and organisational policies.