Constitutional Expansion of Maternity Benefits: Apex Court Strikes Down Section 60(4) of Social Security Code
In a landmark judgment championing gender justice and the institutional rights of alternative families, the Supreme Court of India expanded full maternity leave benefits to all adoptive mothers in the case Hamsaanandini Nanduri vs Union of India. The division bench ruled that creating restrictive barriers based on the chronological age of an adopted child is constitutionally invalid, establishing parity between biological and adoptive maternal care.
The Legal Challenge and Constitutional Redressal
The litigation challenged the discriminatory boundaries embedded within newly compiled labor frameworks, leading to a major apex intervention:
- Striking Down Section 60(4): The Supreme Court officially struck down Section 60(4) of the Code on Social Security, 2020. This specific clause had restrictively allowed a 12-week maternity leave *only* if the adopted child was completely **below three months of age** at the time of legal placement, effectively denying benefits to mothers adopting older children or orphans.
- The Universal 12-Week Rule: Following the dynamic ruling, all working adoptive mothers are now legally entitled to a mandatory **12 weeks of paid maternity leave, completely irrespective of the child’s age** at the juncture of legal adoption.
- Constitutional Violations: The apex bench noted that the pre-existing three-month restriction was arbitrary and directly violated Article 14 (Right to Equality) and Article 21 (Right to Life and Dignity) of the Constitution. The court emphasized that the biological and emotional bonding demands of an adopted child do not diminish with age.
- Context of the Code: The *Code on Social Security, 2020* functions as one of India's four newly consolidated labor codes, designed to amalgamate legacy laws covering maternity benefits, provident funds, gratuity payouts, and industrial insurance.
For TNPSC and Indian Constitution aspirants, this judicial precedent represents an essential update under 'Fundamental Rights (Articles 14 & 21), Directive Principles of State Policy (Article 42 - Maternity Relief), and Central Social Security Legislations'.