Enabling World Insight Series
Hamsaanandini Nanduri v. Union of India (2026 INSC 246)
On 17 March 2026, the Supreme Court of India delivered a transformative judgment that redefines motherhood in law. This judgment is a proud milestone for every adoptive family in India. The Bench of Justices J.B. Pardiwala and R. Mahadevan struck down the discriminatory three-month age cap on maternity benefits for adoptive mothers. This ruling brings long-awaited equality to thousands of adoptive families across India.
The Context
The petition was filed in public interest by advocate Hamsaanandini Nanduri, herself an adoptive mother of two children. She challenged Section 60(4) of the Code on Social Security, 2020 (which replaced the corresponding provision in the Maternity Benefit Act, 1961 as amended in 2017).
The earlier law granted 12 weeks of paid maternity leave to a woman who “legally adopts a child below the age of three months” or a commissioning mother. Adoptive mothers of children older than three months were left with nothing. The petitioner argued and the Court agreed that this created an arbitrary, illusory, and unconstitutional distinction.
What the Supreme Court Held
The Court emphatically declared that motherhood is not defined by biology alone, but by the bond of care, love, and responsibility. Key observations include:
- The three-month age limit had no rational nexus with the object of maternity benefits which is to support the process of motherhood, not merely childbirth.
- Adoption is a legitimate expression of reproductive and decisional autonomy protected under Article 21 of the Constitution.
- The restriction was under inclusive and practically unworkable because the adoption process under the Juvenile Justice Act and CARA guidelines routinely takes longer than three months. As the Court noted, the benefit was rendered “illusory” for the vast majority of adoptive mothers.
- Every adopted child regardless of age deserves the same emotional bonding, integration, and care that maternity leave is designed to enable.
In a powerful move, the Supreme Court read down Section 60(4) of the Code on Social Security, 2020. The provision now reads:
“(4) A woman who legally adopts a child or a commissioning mother shall be entitled to maternity benefit for a period of twelve weeks from the date the child is handed over to the adopting mother or the commissioning mother, as the case may be.”
Result:
All adoptive mothers (and commissioning mothers) are now entitled to 12 weeks of paid maternity leave irrespective of the child’s age at the time of adoption. The benefit starts from the date the child is handed over.
The judgment went further. The Supreme Court urged the Union Government to recognise paternity leave as a social security benefit, emphasising that parenthood is not a solitary responsibility. Shared caregiving is essential for true gender equality and the best interests of the child.
By recognising that “You didn’t grow under my heart, but in it,” the Supreme Court has reminded us that families are built on love, not blood. This judgment strengthens Article 14 (equality), Article 21 (dignity and autonomy), and the constitutional vision of a caring society.
A Forward-Looking Call from the Supreme Court. Personally speaking, I wish court had gone even further and equated the adoption leave with maternity leave and not just restricted to 12 weeks of leave.
Let me know your views.
Sushil Tayal – Enabling World
#SupremeCourtOfIndia #AdoptionRights #MaternityLeave #ParentalLeave #HRIndia #DiversityAndInclusion #FamilyFriendlyPolicies
Also read: Negative consequences of ill-prepared Committee
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