Image

Supreme Court Strikes Down Age Limit for Maternity Leave for Adoptive Mothers

May 16, 2026

  • Gratuity

    • The other three labour codes are:

    1. Industrial Relations Code, 2020

    2. Occupational Safety, Health and Working Conditions Code, 2020

    3. Code on Wages, 2019

    ADOPTION AND MATERNITY LEAVE IN INDIA

    Adoption in India has its own legal process. It takes time for paperwork, home studies, and court orders. The Supreme Court understood this. That is why the old age limit was unfair. Now, adoptive mothers can take leave as soon as the adoption is final, no matter the child’s age.

    WHAT ABOUT PATERNITY LEAVE?

    India does not have a uniform law for paternity leave for all private sector employees. Some government service rules and some companies give paternity leave, but there is no national law like maternity benefit. This judgment does not change that.

    FAQ (FREQUENTLY ASKED QUESTIONS)

    Q1: Which section of which law was struck down by the Supreme Court?
    A: Section 60(4) of the Code on Social Security, 2020.

    Q2: What did the struck-down section say?
    A: It gave 12 weeks maternity benefit to adoptive mothers only if the adopted child was below three months of age.

    Q3: What is the new rule after the judgment?
    A: Adoptive mothers are entitled to 12 weeks of maternity leave regardless of the child’s age at adoption.

    Q4: Which articles of the Constitution did the Court use to strike down the rule?
    A: Article 14 (equality) and Article 21 (right to life and dignity).

    Q5: Does India have a national law for paternity leave?
    A: No. There is no uniform statutory paternity leave for all private sector employees.

    EXAM-FOCUSED POINTS

    Month: 

    Category: 

    Topic Key Point
    Case name Hamsaanandini Nanduri v. Union of India
    Judgment date 17 March 2026
    Bench Justices J.B. Pardiwala and R. Mahadevan
    Section struck down Section 60(4) of the Code on Social Security, 2020
    Old rule 12 weeks maternity benefit only if adopted child <3 months
    New rule 12 weeks maternity benefit for adoptive mothers irrespective of child’s age
    Constitutional violations