Supreme Court to Examine Validity of Maternity Leave Restriction for Adoptive Mothers under Social Security Code, 2020

Case Background and Procedural History

The Supreme Court has agreed to examine the constitutional validity of Section 60(4) of the Code on Social Security, 2020, which restricts maternity leave for adoptive mothers only to cases where the adopted child is below three months of age.

The case arises from a petition filed by Karnataka-based lawyer Hamsaanandini Nanduri, who challenged the earlier corresponding provision under Section 5(4) of the Maternity Benefit Act, 1961.

The Supreme Court bench comprising Justices JB Pardiwala and KV Viswanathan noted that although judgment in the earlier petition had been reserved on January 29, 2025, the Union Government subsequently notified the Social Security Code on November 21, 2025, repealing the 1961 Act while retaining the same restrictive clause in Section 60(4).

Recognising that the impugned provision had now been reenacted in the new Code, the Court permitted the petitioner to amend her challenge to include Section 60(4) of the 2020 Code.

The Court has stated that the matter will be listed for pronouncement once the amended petition is placed on record.

Statutory Provision Under Challenge

Section 60(4), Code on Social Security, 2020

Section 60(4) provides that:

An adoptive mother shall be entitled to 12 weeks of maternity leave only where the child adopted is below three months of age.

There is no statutory entitlement to maternity leave where:

  • the adopted child is older than three months

  • the child is orphaned

  • the child is abandoned or surrendered

  • the adoption involves siblings above the prescribed age threshold

This provision is materially identical to Section 5(4) of the Maternity Benefit Act, 1961, making both provisions pari materia.

Petitioner’s Case and Grounds of Challenge

Factual Circumstances

The petitioner adopted two siblings through the Central Adoption Resource Authority (CARA) in 2017:

  • a four-and-a-half-year-old girl, and

  • her two-year-old brother,

after authorities directed that the siblings should not be separated.

However, when she sought maternity leave, she was informed that she was only eligible for six weeks per child, since neither child fell within the below-three-month age threshold.

The provision, she argued:

  • discriminates between biological and adoptive mothers

  • discriminates among adoptive mothers themselves

  • discriminates among adopted children based on age

She characterised the legislative framework as rendering support to adoptive parents illusory and merely symbolic, rather than substantive.

Constitutional Provisions Invoked

The petitioner contends that Section 60(4) violates:

Article 14 — Right to Equality

Grounds include:

  • unreasonable classification based on age of the adopted child

  • lack of rational nexus with the object of maternity protection

  • discriminatory treatment of adoptive mothers vis-à-vis biological mothers

The provision excludes:

  • older adoptive children who may require equal or greater care and emotional adjustment

  • single adoptive parents

  • adoptive parents of siblings

Article 19(1)(g) — Right to Practice Profession

The restriction operates as:

  • an impediment to women’s participation in the workforce

  • a deterrent to adoption of older or sibling children

  • a barrier for working adoptive mothers requiring adjustment time

Article 21 — Right to Life and Dignity

The challenge highlights that:

  • adoption requires physical, psychological and emotional adjustment

  • older children often come from trauma, institutional care or abandonment

  • transition to a family environment requires sustained caregiving

The absence of leave disrupts:

  • bonding security

  • rehabilitative care

  • parental and child dignity

Legislative Context and Policy Implications

The intent of maternity legislation historically includes:

  • ensuring child-mother bonding

  • safeguarding maternal health

  • enabling child welfare

  • supporting caregiving transitions

However, the present provision links maternity leave strictly to infancy-based biological needs, whereas adoption involves:

  • emotional rehabilitation

  • attachment formation

  • behavioural adjustment

  • social integration

The restriction fails to consider:

  • adoptive parenting realities

  • age-neutral child welfare needs

  • best-interest-of-child standards

Relevant Judicial Precedents

While there is limited direct precedent specifically on adoptive maternity leave, related jurisprudence includes:

1. Municipal Corporation of Delhi v. Female Workers (Muster Roll) (2000)

The Supreme Court affirmed:

  • maternity benefits flow from principles of social justice

  • maternity leave is a measure to protect dignity, motherhood and child welfare

2. Deepika Singh v. Central Administrative Tribunal (2022)

The Court held that:

  • family structures must be interpreted inclusively

  • caregiving roles extend beyond biological relationships

  • law must recognise non-traditional parental frameworks

This case strengthens the argument that adoptive and biological maternity contexts must be treated equitably.

3. Navtej Singh Johar v. Union of India and KS Puttaswamy v. Union of India

Although not directly maternity-related, both decisions emphasise:

  • dignity-centric constitutional interpretation

  • autonomy and personal life choices

  • equality in access to social benefits

These decisions collectively support a reading that favours inclusive family jurisprudence.

Key Legal Questions Before the Supreme Court

The case now places the following issues for constitutional scrutiny:

  1. Whether differential treatment between biological and adoptive mothers violates Article 14.

  2. Whether the three-month age threshold is arbitrary and without rational justification.

  3. Whether denial of maternity leave impacts:

    • caregiving rights

    • professional dignity

    • psychological needs of adopted children.

  4. Whether constitutional interpretation must shift toward:

    • child-centric standards

    • inclusive parenting frameworks

    • equality in parental entitlements.

Conclusion — A Case with Wider Social and Policy Significance

The Supreme Court’s examination of Section 60(4) is significant because it:

  • tests equality in adoption-based parenting rights

  • addresses the gap in legislative protection for older adopted children

  • clarifies whether maternity benefits are strictly biological or caregiving-oriented in purpose

The outcome of this case may shape:

  • inclusive employment policy

  • child-welfare-based jurisprudence

  • the evolving constitutional understanding of parenthood and family structures

It represents a crucial point in India’s shift from biological-centric maternity policy toward a care-affirmative adoption framework.

Location: Mumbai, Maharashtra, India

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