🗞️ Why in News The Supreme Court on March 17, 2026, in Hamsaanandini Nanduri v. Union of India, struck down Section 60(4) of the Code on Social Security, 2020, ruling that restricting maternity leave for adoptive mothers based on the child’s age violated Articles 14 and 21. On March 18, the Court further urged the Centre to frame a law on paternity leave.
The Supreme Court Judgment
Hamsaanandini Nanduri v. Union of India (March 17, 2026)
The petitioner challenged Section 60(4) of the Code on Social Security, 2020, which entitled adoptive mothers to 12 weeks of maternity leave only if the adopted child was below three months of age. The Court held:
- Article 14 violation — The age restriction created an arbitrary classification between biological and adoptive mothers, and between adoptive mothers of younger and older children, with no rational nexus to the legislative objective
- Article 21 violation — The bonding period between parent and child is essential for the child’s well-being and the mother’s dignity, regardless of the child’s age at adoption
- Adoptive mothers are now entitled to 12 weeks of paid leave irrespective of the child’s age
Paternity Leave Directive (March 18, 2026)
The Court went further on March 18, urging the Centre to frame legislation on paternity leave as a social security measure, observing that:
- Caregiving is a shared parental responsibility, not exclusively a maternal one
- The absence of statutory paternity leave perpetuates gender stereotypes
- Several countries (Sweden, Norway, Iceland, Canada) have mandatory paternity/parental leave
Current Legal Framework in India
Maternity Leave
| Law | Coverage | Duration |
|---|---|---|
| Maternity Benefit Act, 1961 (amended 2017) | All women employees in establishments with 10+ workers | 26 weeks (first 2 children); 12 weeks (3rd child onwards) |
| Code on Social Security, 2020 | Consolidates above | Same entitlements; Section 60 covers maternity benefit |
| Central Civil Services (Leave) Rules | Government employees | 180 days (6 months); Child Care Leave for 730 days over career |
Paternity Leave
| Sector | Provision |
|---|---|
| Central Government employees | 15 days paternity leave (CCS Leave Rules) |
| Private sector | No statutory provision — entirely at employer’s discretion |
| Judiciary | Supreme Court recommended (2024) that all courts grant paternity leave |
The Editorial’s Core Argument
The Indian Express editorial argues:
- Paternity leave is a gender equality issue — without it, the full burden of early childcare falls on mothers, reinforcing the breadwinner-caregiver binary
- Economic argument — studies show fathers who take paternity leave are more involved in long-term caregiving, leading to higher female labour force participation
- India’s female LFPR is already low (~37% in PLFS 2023-24) — paternity leave could help by redistributing care work
- Constitutional basis — Article 21 (right to life and dignity) and Article 15(3) (special provisions for women and children) support gender-neutral parental leave
- International comparison — India lags behind even developing countries on paternity leave legislation
Global Comparison — Parental Leave
| Country | Maternity Leave | Paternity Leave | Parental Leave |
|---|---|---|---|
| Sweden | 480 days shared (90 days reserved for each parent) | Included above | Yes — gender-neutral |
| Norway | 49 weeks at 100% pay or 59 weeks at 80% | 15 weeks reserved | Yes |
| Iceland | 6 months each parent + 6 months shared | 6 months | Yes |
| Japan | 14 weeks | Up to 1 year | Yes |
| India | 26 weeks | 15 days (govt only) | No statutory provision |
| USA | 0 (unpaid FMLA: 12 weeks) | 0 (unpaid FMLA) | No |
Code on Social Security, 2020
The Code on Social Security, 2020 is one of the four Labour Codes that consolidate 29 central labour laws:
| Code | Replaces |
|---|---|
| Code on Wages, 2019 | Payment of Wages Act, Minimum Wages Act, Payment of Bonus Act, Equal Remuneration Act |
| Industrial Relations Code, 2020 | Industrial Disputes Act, Trade Unions Act, Industrial Employment (Standing Orders) Act |
| Code on Social Security, 2020 | EPF Act, ESI Act, Maternity Benefit Act, Gratuity Act, and others (9 Acts) |
| Occupational Safety, Health and Working Conditions Code, 2020 | Factories Act, Mines Act, and others (13 Acts) |
Status: All four codes passed by Parliament but rules not yet notified by most states — implementation remains pending.
UPSC Relevance
Prelims: Code on Social Security 2020, Maternity Benefit Act 1961 (26 weeks), four Labour Codes, CCS Leave Rules (15 days paternity leave for central govt), Article 14 and 21. Mains GS1: Women and caregiving; gender stereotypes in labour; impact of parental leave on female LFPR. Mains GS2: SC judgment on fundamental rights; legislative gaps in social security; Centre-State implementation of Labour Codes.
📌 Facts Corner — Knowledgepedia
SC Judgment (March 17, 2026):
- Case: Hamsaanandini Nanduri v. Union of India
- Struck down: Section 60(4), Code on Social Security, 2020
- Violated: Articles 14 and 21
- Result: adoptive mothers get 12 weeks leave regardless of child’s age
- March 18: Court urged Centre to frame paternity leave law
Maternity Leave in India:
- Maternity Benefit Act, 1961 (amended 2017): 26 weeks (first 2 children)
- Code on Social Security, 2020: consolidates maternity benefit provisions
- CCS Leave Rules: 180 days maternity + 730 days Child Care Leave (central govt)
Paternity Leave:
- Central govt: 15 days (CCS Leave Rules)
- Private sector: no statutory provision
- India’s female LFPR: ~37% (PLFS 2023-24)
Four Labour Codes:
- Wages (2019), IR (2020), Social Security (2020), OSH (2020)
- Replace 29 central labour laws
- Status: passed by Parliament; rules not notified by most states
Global:
- Sweden: 480 days shared parental leave (90 reserved per parent)
- USA: no paid maternity or paternity leave (only unpaid FMLA)
Sources: Indian Express, The Hindu