What Happened
- On March 17, 2026, a two-judge bench of the Supreme Court (Justices J.B. Pardiwala and R. Mahadevan) delivered judgment in Hamsaanandini Nanduri v. Union of India (2026 INSC 246)
- The Court struck down Section 60(4) of the Code on Social Security, 2020, which denied maternity leave to women who adopted children above three months of age, holding it violative of Articles 14 and 21 of the Constitution
- All adoptive mothers are now entitled to 12 weeks of maternity leave regardless of the adopted child's age at the time of adoption
- Crucially, the Court also urged the Union Government to bring legislation recognising paternity leave as a statutory social security benefit, stating that "caregiving is not a solitary function" and that fathers' professional obligations prevent meaningful participation in infant care
- The bench emphasised that paternity leave duration must be determined in a manner responsive to both the parent's and child's needs
Static Topic Bridges
Maternity Benefit Act, 1961 and the Code on Social Security, 2020
The Maternity Benefit Act, 1961 was the principal legislation protecting employment rights of women during maternity. It was subsequently subsumed into the Code on Social Security, 2020 — one of four Labour Codes consolidating 29 central labour laws. Section 60 of the Code deals with maternity benefits. Section 60(4) had restricted maternity leave for adoptive mothers only when the adopted child was below three months, which the Supreme Court has now struck down as arbitrary and under-inclusive.
- Maternity leave entitlement: 26 weeks for first two children (Maternity Benefit Amendment Act, 2017 increased it from 12 weeks)
- Code on Social Security, 2020: consolidates Employees' State Insurance Act, Maternity Benefit Act, Payment of Gratuity Act, and others
- Section 60(4) (now struck down): maternity benefit for adoption limited to children below three months at time of adoption
- The Court held adoption is "an equal exercise of the right to reproductive and decisional autonomy under Article 21"
Connection to this news: The ruling extends the logic of the 2017 amendment (which expanded maternity leave duration) to adoptive mothers, ensuring the Code does not discriminate based on the mode of becoming a parent.
Paternity Leave — Current Framework and Legislative Gap
India has no standalone central legislation mandating paternity leave for private sector employees. For Central Government employees, Sections 43A and 43AA of the Central Civil Services (Leave) Rules, 1972 provide 15 days of paternity leave (for biological birth or adoption). Some states — including Tamil Nadu and Rajasthan — have extended paternity leave to state government employees. The private sector has no uniform entitlement.
- CCS (Leave) Rules, 43A: 15 days paternity leave for Central Government male employees for birth of child
- CCS (Leave) Rules, 43AA: 15 days paternity leave for adoption
- No central law mandates paternity leave for private sector employees
- The SC's urging is persuasive, not binding — it calls on Parliament/Executive to legislate
- Article 42 (DPSP): the State shall make provision for securing just and humane conditions of work and for maternity relief
Connection to this news: The Court's nudge toward a paternity leave law fills a conspicuous gap: while the Maternity Benefit Act mandates leave for mothers, no equivalent legislation exists for fathers, reinforcing gendered assumptions about caregiving.
Articles 14 and 21 — Equality and Right to Life in Social Security Context
Article 14 guarantees equality before law and equal protection of laws. Article 21 guarantees the right to life and personal liberty, which the courts have read to include the right to live with dignity. In Hamsaanandini Nanduri, the Court applied these provisions to social security legislation, holding that arbitrarily discriminating between categories of adoptive mothers (based on the child's age) violates both provisions. The judgment also located reproductive autonomy — the decision to adopt — within Article 21.
- Article 14 test: classification must be founded on intelligible differentia that has a rational nexus to the object
- The Court found no rational nexus between the three-month age cap and the legislative object of enabling bonding
- Article 21 has been interpreted to include: right to health, right to livelihood, right to dignity, reproductive autonomy
- Directive Principle Article 42 (just conditions of work, maternity relief) read with Article 21 strengthens the constitutional basis for leave entitlements
Connection to this news: The reasoning in this judgment could extend to other social security asymmetries — it sets a precedent that welfare legislation must not create arbitrary sub-classifications that defeat the law's own purpose.
Key Facts & Data
- Case: Hamsaanandini Nanduri v. Union of India (2026 INSC 246 / 2026 LiveLaw SC 250)
- Bench: Justices J.B. Pardiwala and R. Mahadevan
- Date of judgment: March 17, 2026
- Provision struck down: Section 60(4), Code on Social Security, 2020
- Constitutional basis: Articles 14 (equality) and 21 (right to life and dignity)
- Maternity leave now granted: 12 weeks to all adoptive mothers, regardless of child's age at adoption
- Paternity leave (Central Govt): 15 days under CCS Leave Rules, 43A/43AA
- Article 42 (DPSP): State shall make provision for maternity relief and just work conditions
- Maternity Benefit Amendment Act, 2017: increased maternity leave to 26 weeks for first two children