In a landmark judgment delivered on March 17, 2026, the Supreme Court of India struck down a key provision of the Social Security Code, ruling that denying maternity leave to adoptive mothers of children older than three months is unconstitutional.
A bench of Justices J.B. Pardiwala and R. Mahadevan held that such restrictions violate the right to equality and fail to recognise the realities of caregiving. The court affirmed that adoptive and biological motherhood must be treated alike, calling maternity protection a “basic human right” and urging the government to consider broader parental support, including paternity leave.
Equality Beyond Biology
The court emphasised that the purpose of maternity leave extends far beyond physical recovery from childbirth, it is fundamentally about nurturing, bonding and ensuring a child’s well-being. Striking down Section 60(4) of the Social Security Code, 2020, the bench observed that limiting benefits based on a child’s age lacked rational justification and unfairly excluded many adoptive mothers.
It clarified that adoptive mothers are entitled to maternity leave regardless of the age of the child at adoption, reinforcing that an adopted child is no different from a biological child. Legal experts and women’s rights advocates have widely welcomed the ruling, noting that older adopted children often require significant emotional support and adjustment time, making caregiving needs even more critical. The judgment also recognises adoption as part of reproductive autonomy and family life, strengthening the legal framework for non-traditional families.
Challenging An Arbitrary Law
The now-invalidated provision had restricted maternity benefits to women adopting children below three months of age, creating a disparity that many argued was both arbitrary and discriminatory. The issue reached the court through legal challenges that highlighted how such limitations failed to reflect the realities of adoption, where children of varying ages require care, stability and bonding time.
The Supreme Court agreed that the distinction was unjustified and inconsistent with constitutional guarantees of equality, dignity and personal liberty. The ruling builds on earlier judicial trends that have progressively expanded the understanding of family and caregiving rights in India. It is expected to prompt policy changes across both public and private sectors, with organisations now required to update leave frameworks in line with the judgment. The decision has also reignited discussions around the need for more inclusive policies, including paternity leave and gender-neutral caregiving provisions.
The Logical Indian’s Perspective
This ruling marks a progressive and necessary shift towards recognising the diversity of modern families in India. By placing adoptive motherhood on equal footing with biological motherhood, the court has reaffirmed that care, compassion, and responsibility not biology define parenting. Such decisions not only strengthen legal protections but also encourage workplaces and institutions to adopt more empathetic and inclusive policies. However, this moment also presents an opportunity to go further. True equality in caregiving can only be achieved when policies evolve to support all parents, regardless of gender or the way a family is formed.
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[BREAKING] Supreme Court strikes down Section 60(4) of Social Security Code which restricted maternity benefits of adoptive mothers
— Bar and Bench (@barandbench) March 17, 2026
report by @thyagarajan_law @ritureports https://t.co/s9KoHbFZeY
