Hamsaanandini Nanduri Vs Union of India & Ors (Supreme Court of India)
Supreme Court held that section 60(4) of the Social Security Code, 2020 putting an age limit of three months on the age of the adoptive child, for the adoptive mothers to avail maternity benefit is violative of Articles 14, and 21 of the Constitution respectively. Accordingly, the petition stands allowed.
Facts- The petitioner, who is an adoptive mother of two children, has filed the present petition under Article 32 of the Constitution in public interest, seeking a declaration to the effect that Section 5(4) of the Maternity Benefit Act, 1961 as amended by the Maternity Benefit (Amendment) Act, 2017 is unconstitutional, being violative of Articles 14, 19(1)(g) and 21 of the Constitution, respectively.
Conclusion- Held that Section 60(4) of the 2020 Code insofar it puts an age limit of three months on the age of the adoptive child, for the adoptive mothers to avail maternity benefit under the 2020 Code is violative of Articles 14, and 21 of the Constitution respectively. We emphasize that the duration of such leave must be determined in a manner that is responsive to the needs of both the parent and the child. In the result, the petition stands allowed in the aforesaid terms. Pending application(s), if any, also stand disposed of.
