Key Point:
SC urges Centre to introduce paternity leave law as a social security benefit
Childcare is a shared responsibility, court emphasises gender-equal parenting
Restrictive clause on adoptive mothers struck down as unconstitutional
Maternity leave now allowed regardless of child’s age at adoption
Ruling based on Article 14, ensuring equality and child welfare
New Delhi, March 17, 2026: In a significant step toward gender-equal parenting in India, the Supreme Court on Tuesday urged the Central government to introduce a legal framework recognizing paternity leave as a social security benefit, while invalidating a restrictive provision that denied maternity leave to adoptive mothers based on the age of the child.
A bench comprising Justices J.B. Pardiwala and R. Mahadevan made the observations while hearing a public interest litigation challenging discriminatory provisions in maternity benefit laws.
Highlighting the evolving role of fathers in childcare, the apex court emphasized that parenting responsibilities must be shared equally between both parents.
The bench urged the Union government to formally recognize paternity leave within India’s social security and labor welfare framework, noting that such a step would reflect modern family structures and promote child welfare.
At the same time, the court clarified that:
The duration, structure, and eligibility criteria of paternity leave remain within the policy domain of the Centre
Any such policy must align with constitutional principles of equality and the best interests of the child
The observation comes amid the absence of a comprehensive statutory framework for paternity leave in India.
In the same judgment, the Supreme Court invalidated the restrictive condition under Section 60(4) of the Social Security Code, 2020, which granted maternity leave to adoptive mothers only if the child adopted was below three months of age.
The court held that:
The provision created an unreasonable and arbitrary classification
It violated Article 14 (Right to Equality) of the Constitution
By removing this restriction, the court ensured that adoptive mothers are entitled to maternity leave irrespective of the child’s age at the time of adoption.
Underscoring the importance of inclusive family structures, the bench observed that:
The needs of an adoptive child are no different from those of a biological child.
The court further noted that family cannot be confined to biological relationships alone, and that adoption carries equal emotional, developmental, and caregiving responsibilities.
The ruling came in response to a public interest litigation filed by Hamsanandini Nanduri, who challenged provisions under:
Section 5(4) of the Maternity Benefit Act, 1961 (amended in 2017)
Subsequently reflected in Section 60(4) of the Social Security Code, 2020
These provisions limited maternity leave benefits for adoptive mothers to cases where the adopted child was under three months old.
The petitioner argued that such restrictions discriminated against adoptive parents and failed to consider the needs of older adopted children, a position the court ultimately upheld.
The judgment is being seen as a progressive move toward recognizing shared parenting responsibilities and strengthening adoption rights in India.
By:
Advocating for paternity leave as a social security benefit
Removing barriers for adoptive mothers
the Supreme Court has reinforced that childcare, equality, and dignity must remain central to labor and welfare policies.
(Rh/ARC)
