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 ...