Hamsaanandini Nanduri v. Union of India, 2026
It demonstrates Supreme Court’s proactive judicial review to align statutory provisions with social justice and equality principles.
Judgement Details
Court
Supreme Court of India
Date of Decision
17 March 2026
Judges
Justice Pardiwala and Justice R. Mahadevan
Citation
Acts / Provisions
Section 13(1)(ia), Hindu Marriage Act, 1955
Section 25, Hindu Marriage Act, 1955
Facts of the Case
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Petitioner challenged Section 60(4) of Social Security Code, 2020, which limited maternity benefit for adoptive mothers to children below 3 months of age.
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Adoption timelines under Central Adoption Resource Authority regulations often exceed 3 months due to procedural delays (Child Welfare Committee approval or biological parent reconsideration).
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Petitioner argued provision arbitrary and violative of equality, leaving adoptive mothers of children older than 3 months without maternity benefits.
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Earlier, the challenge related to Maternity Benefit Act, 1961, but focus shifted to Social Security Code, 2020, which repealed the Act.
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Respondent (Union of India) argued biological mothers receive longer leave due to recovery post-delivery; limitation on adoptive mothers’ leave was justified.
Issues
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Whether Section 60(4), Social Security Code, 2020, restricting maternity benefit to adopted children below 3 months, is constitutionally valid?
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Whether adoptive mothers of children older than 3 months are entitled to maternity leave benefits under Articles 14 and 21?
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Whether the age-based distinction in Section 60(4) has a rational nexus with the objectives of the Social Security Code, 2020?
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Whether paternal leave should be considered as a social security benefit?
Held
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Adoptive and commissioning mothers are entitled to 12 weeks maternity leave, irrespective of adopted child’s age.
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Section 60(4), Social Security Code, 2020, violates equality and right to life/dignity when applied to children older than 3 months.
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Age-based classification in maternity benefit provision is irrational and illusory in practical terms.
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Parliament/Union Government encouraged to formulate paternal leave provisions responsive to parental needs.
Analysis
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Affirms constitutional protection of adoptive mothers under Articles 14 and 21.
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Corrects legislative gap where procedural timelines in adoption prevented access to maternity leave.
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Recognizes parental care needs are not age-dependent for adoptive children.
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Demonstrates Supreme Court’s proactive judicial review to align statutory provisions with social justice and equality principles.
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Sets a precedent for inclusive maternity benefits irrespective of adoption delays or child’s age.
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Encourages progressive legislation for paternal leave, promoting gender-equitable social security.