The Supreme Court of India has delivered a landmark judgment strengthening the rights of adoptive mothers across the country. In the case of Hamsaanandini Nanduri v. Union of India, a two-judge bench comprising Justice J.B. Pardiwala and Justice R. Mahadevan struck down Section 60(4) of the Code on Social Security, 2020.
Earlier, the law granted 12 weeks of maternity benefit to adoptive mothers only if the adopted child was below three months of age. The Supreme Court ruled that this restriction was unconstitutional and violated the principles of equality and dignity guaranteed under Articles 14 and 21 of the Constitution.
The Court observed that motherhood and the need for emotional bonding do not depend on the age of the adopted child. It stated that adoptive mothers deserve equal protection and support under labour and social welfare laws.
The judgment is being seen as a major step towards inclusive family rights and gender-sensitive labour reforms in India. Legal experts believe the ruling will positively impact adoptive parents, working women, and child welfare systems across the country.
The Code on Social Security, 2020 is one of India’s four major labour codes and consolidates several social welfare laws, including maternity benefits and employee protection measures.
The ruling has also reignited discussions around the need for a comprehensive paternity leave policy in India, especially in the private sector, where no uniform law currently exists.
