Supreme Court Strikes Down Section 60(4) of the Code on Social Security, 2020
SUPREME COURT STRIKES DOWN THREE-MONTH AGE LIMIT ON MATERNITY BENEFITS FOR ADOPTIVE MOTHERS UNDER THE CODE ON SOCIAL SECURITY, 2020
In a recent and significant decision in Hamsaanandini Nanduri v. Union of India, [WRIT PETITION (C) NO. 960 of 2021] the Supreme Court of India has revisited the scope of maternity benefits available to adoptive mothers, bringing renewed attention to the constitutional values of equality, dignity, and child welfare within labour legislation.
The case concerned the validity of provisions under the Maternity Benefit Act, 1961, later incorporated under the Code on Social Security, 2020, which grant maternity leave to adoptive mothers only where the adopted child is below three months of age. The petitioner challenged this limitation, contending that such a restriction creates an arbitrary classification among adoptive mothers and fails to recognize the realities of the adoption process in India.
Significantly, the Supreme Court struck down the provision contained in Section 60(4) of the Code on Social Security, 2020, insofar as it imposes an age limit of three months on the adopted child for adoptive mothers to avail maternity benefits. The Court held that such a restriction is unconstitutional and violative of Article 14 of the Constitution of India and Article 21 of the Constitution of India.
While examining the issue, the Court acknowledged an important principle: motherhood cannot be confined solely to biological childbirth. The Court observed that adoptive mothers also require time to nurture, bond with, and integrate a child into the family environment. Emotional attachment, caregiving responsibilities, and the developmental needs of the child remain central considerations irrespective of biological ties.