Hamsaanandini Nanduri v. Union of India 2026 INSC 246 - Code on Social Security, 2020 - Maternity Benefit - Adoption

Constitution of India- Articles 14, and 21 ; Code on Social Security, 2020 - Section 60(4) - 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. Therefore, the sub-section (4) of Section 60 should now be meaningfully read as:- “(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.” (Para 167-168) Section 60(4) of the 2020 Code is discriminatory because first, it does not disclose a reasonable distinction between women who adopt a child below the age of three months and those who adopt a child aged three months or above. Secondly, the particular differentiation, which is sought to be made, has no nexus with the object sought to be achieved. Thirdly, the classification suffers from under-inclusiveness- In effect, operates unequally upon adoptive mothers who are similarly situated, resulting in discrimination without reasonable justification (Para 91-92) 

Constitution of India- Articles 21 - The right of reproductive autonomy is not confined to the biological act of giving birth. Adoption is an equal exercise of the right to reproductive and decisional autonomy under Article 21 (Para 166) Adoption - An adopted child is no different from a so-called “natural” child, the only distinction is that the process of adoption is more visible and legally acknowledged. Thus, the act of adoption may carry an equally, if not more, profound affirmation of parenthood. There is no doubt that sharing of meaning, affection, and responsibility lies at the heart of both family creation and the adoption process. Reproductive autonomy cannot be narrowly understood as being limited to biological reproduction alone. Adoption, too, represents a conscious and meaningful exercise of the choice to create and nurture a family, and must be viewed as falling within the broader spectrum of reproductive decision-making. (Para 113)

Code on Social Security, 2020 - Section 60(4) -The object of maternity benefit is not associated with the process of childbirth but with the process of motherhood. The purpose of maternity protection does not vary with the manner in which the child is brought into the life of the beneficiary mother. Insofar as the roles, responsibilities, and caregiving obligations are concerned, women who adopt a child aged three months or above are similarly situated to women who adopt a child below the age of three months.(Para 166)

Paternity Leave - A provision for paternity leave serves an important purpose by enabling fathers to participate meaningfully in the early stages of a child’s life and development. It helps in dismantling gendered roles, encourages fathers to take an active role in child care, fosters a balanced understanding of parenting, and promotes gender equality within family and workplace. It also advances the best interests and welfare of the child, which are most effectively served when both parents are enabled to play meaningful and complementary roles in the child’s growth and development.  [Context: Supreme Court urged Union to come up with a provision recognizing paternity leave as a social security benefit. 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. (Para 169)]

Interpretation of Statutes - A statutory provision cannot be examined in isolation or in the abstract, divorced from the practical realities within which it is expected to operate. Law is not unidimensional or myopic in its application. If a provision is framed without due regard to the administrative conditions in which it is to operate, the intention of the legislation would stand frustrated. The law must be understood not merely through its terminology, but also in terms of its ability to meaningfully address the conditions for which it has been enacted. The law cannot be merely symbolic or rather illusory. A legislative provision, more particularly, one which is beneficial in nature, must be capable of meaningful implementation so that the class for whose benefit it has been enacted is able to effectively avail the protection intended by the legislature. If the structure of the provision or the circumstances surrounding its operation make the benefit practically unattainable, the law risks becoming a mere formality on paper rather than an instrument of social welfare (Para 137-139)

Legislation - The legislature, while enacting a statute, bears the responsibility of ensuring that the law it enacts is capable of being implemented. The duty of the law maker does not end with the mere articulation of a right or benefit. The enforceability of that right is equally important. Accessibility of law does not mean formal existence, but the ability of individuals to avail the benefits. (Para 145)