REGULATORY · INDIA
Supreme Court strikes down Section 60(4)
Change
The Supreme Court struck down Section 60(4) of the Social Security Code, 2020, which limited maternity leave for adoptive mothers to adoptions of children under three months old.
Why it matters
Section 60(4) had restricted maternity leave to adoptive mothers who adopted children younger than three months. A Bench of Justices JB Pardiwala and R Mahadevan held that the distinction violated Article 14 and lacked a rational nexus with the Code's object. The petitioner was permitted to amend the writ petition to challenge the corresponding provision under the Social Security Code, 2020. Parts of the Social Security Code, 2020 were brought into force by notification dated November 21, 2025.
Implications
- · Petitioner permitted to amend the writ petition to include a challenge to the corresponding provision under the Social Security Code, 2020.
- · Employers' payroll and HR process maternity benefits for adoptive mothers without regard to the adopted child's age.
- · Government social-security administrators align benefit processing and records with the age-independent eligibility rule.
Who is affected
- · Adoptive mothers
- · Employers (payroll and HR)
- · Labor and employment lawyers
- · Government social-security administrators
What to watch
- · Amendment of the writ petition to challenge the corresponding provision under the Social Security Code, 2020
- · Notification dated November 21, 2025 bringing parts of the Social Security Code, 2020 into force
Source
Topics
World & Politics Policy & Regulation Law & Public Safety Court Rulings