Beyond Biology: Analysing The Impact Of The 2026 Supreme Court's Mandate On Adoptive Maternity Leave Under Section 60 Of The Social Security Code, 2020
- IJLLR Journal
- Apr 16
- 2 min read
Yoga Dharshini M, B.B.A.LL.B. (Hons.), School of Excellence in Law (SOEL), The Tamilnadu Dr. Ambedkar Law University (TNDALU), Chennai, Tamilnadu
ABSTRACT:
The landmark decision of Hamsaanandini Nanduri v Union of India 2026 INSC 246, issued by the Supreme Court in 2026, is likely to have a profound effect on the future of Indian maternal rights and motherhood jurisprudence. This analysis will focus on the recent verdict that declared the three-month age requirement for adopted children null and void with respect to maternity provisions in the Code on Social Security 2020, a new law that consolidates nine major labour laws and includes an initial cliff-edge restriction on the eligibility criteria for the grant of maternity benefit. The basis of the Court's decision is Article 14 and 21, which both regard the biological act of giving birth and the overall experience of motherhood, including emotional bonding and nurturing, as relevant issues under the legislation. The evidence presented at the trial showed that approximately 5% of adoptions are legally completed in India within the three-month period, making this requirement "illusory" and "lacking practical effect" under Indian law. In holding that reproductive autonomy is included in the adoption process, the Supreme Court endorsed the idea that the needs of adoptive children, regardless of their ages, are as important, if not more important, than the needs of any new- born infant. The analysis will also include the effects on corporate compliance, and what HR Departments should do to make changes to leave policies to ensure 12 weeks’ leave on pay regardless of the child's age. Moreover, it assesses the wider social change resulting from the judgment, such as the judiciary's urgent appeal for statutory paternity leave to challenge traditional gendered parenting roles and achieve greater equality in the workplace. The aim is to align India with international human rights standards to protect economic security and dignity for all mothers, regardless of their child's biological origin.
