Supreme Court Expands Maternity Leave Rights for Adoptive Mothers Across India

Md Sahmat Ali

16 May 2026

2 Min

Supreme Court Removes Child Age Restriction for Adoptive Mothers’ Maternity Leave

Why in the News?

The Supreme Court of India, in the case Hamsaanandini Nanduri v. Union of India, struck down Section 60(4) of the Code on Social Security, 2020, and ruled that adoptive mothers are entitled to 12 weeks of maternity leave regardless of the child’s age.

Key Points

● The Supreme Court delivered the judgment on 17 March 2026
● A bench of Justices J.B. Pardiwala and R. Mahadevan heard the case
● Section 60(4) earlier allowed maternity leave only if the adopted child was below three months of age
● The Court ruled that adoptive mothers are eligible for 12 weeks of maternity leave irrespective of the child’s age
● The Court held the age restriction unconstitutional under Article 14
● The judgment also linked maternity dignity and care with Article 21 rights
● The Code on Social Security, 2020, consolidates multiple labour and social security laws
● The ruling strengthens legal protection and equality for adoptive mothers in India

Why It Matters

● Promotes equality between biological and adoptive mothers
● Strengthens child care and family welfare after adoption
● Expands social security protections for working women
● Reinforces constitutional rights related to dignity and equality
● Supports a more inclusive and progressive labour law framework

Important Facts

● Article 14 guarantees equality before the law and equal protection of laws
● Article 21 includes the right to life, dignity, and personal liberty
● The Code on Social Security, 2020, is one of India’s four labour codes
● The Maternity Benefit Act, 1961, governs maternity-related benefits in India
● India does not have a universal statutory paternity leave law for private-sector employees
● Adoption in India is regulated through legal and administrative procedures

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