Supreme Court Allows PIL Against Limited Maternity Benefits for Adoptive Mothers to Continue Under New Social Security Code

“Section 60(4) of Code on Social Security is pari materia with Repealed Maternity Benefit Provision”, In a significant development concerning equality in parental rights, the Supreme Court of India on December 12, 2025, in Hamsaanandini Nanduri v. Union of India & Others [W.P.(C) No. 960 of 2021], allowed the petitioner to amend her Public Interest Litigation originally filed under the Maternity Benefit Act, 1961, to now challenge the equivalent provision under the Code on Social Security, 2020, which has formally repealed the 1961 Act with effect from November 21, 2025.

A Bench comprising Justice J.B. Pardiwala and Justice R. Mahadevan held that since Section 60(4) of the 2020 Code is substantially identical to the repealed Section 5(4) of the 1961 Act, the constitutional challenge remains relevant and maintainable. The Court thus permitted the petitioner to amend the writ petition within six weeks, directing that the final judgment will follow after such amendment is filed.

"Section 5(4) of Maternity Benefit Act Discriminates Against Adoptive Mothers": Petition Raises Challenge Under Articles 14, 19(1)(g), and 21

The original PIL, filed in 2021, challenged the validity of Section 5(4) of the Maternity Benefit Act, 1961, which entitles only adoptive mothers of children below three months of age to maternity benefits for a period of 12 weeks from the date the child is handed over.

The petitioner, represented by M/s. Mukesh Kumar Singh & Co., contended that:

“The age-based restriction arbitrarily excludes mothers adopting older infants and toddlers, denying them maternity benefits that are otherwise extended to biological mothers for 26 weeks, regardless of the child’s age.”

The plea raised a direct challenge under Articles 14 (Right to Equality), 19(1)(g) (Right to Practice Profession), and 21 (Right to Life with Dignity) of the Constitution, arguing that the provision unfairly burdens adoptive mothers—particularly working women—by restricting their ability to bond and care for their adopted children.

Repeal of Maternity Benefit Act Midway in Proceedings: Petition Not Rendered Infructuous

Before the Court could pronounce its judgment, a critical statutory development occurred. On November 21, 2025, the Ministry of Labour and Employment issued a notification under Section 1(3) of the Code on Social Security, 2020, bringing into force multiple provisions, including Section 60(4) (relating to maternity benefits for adoptive and commissioning mothers), and Section 164(1)(5) which explicitly repeals the Maternity Benefit Act, 1961.

The Court reproduced the relevant entries from the notification and observed:

“It is now clear that w.e.f. 21.11.2025, the Act, 1961 stood repealed.”

However, instead of directing the petitioner to file a new petition, the Bench adopted a substantive and purposive approach, noting:

“Section 60(4) of the 2020 Code is pari materia to Section 5(4) of the Act, 1961. Therefore, the petitioner need not withdraw the petition. She may amend the writ petition to challenge the corresponding provision in the new Code.”

Union of India Raised No Objection to the Amendment

The Union of India, represented by Additional Solicitor General K.M. Nataraj, did not oppose the Court’s approach. Acknowledging this, the Court recorded:

“The learned counsel appearing for the Union of India has no serious objection to this.”

The Bench granted the petitioner six weeks to file the amended petition incorporating a challenge to Section 60(4) of the Code on Social Security, 2020, after which judgment will be delivered.

Significance: Apex Court Recognizes Continuity of Discriminatory Effect Across Old and New Laws

The Supreme Court’s interim order reflects a progressive judicial recognition that mere statutory repeals do not nullify continuing constitutional grievances, especially when the impugned provisions are substantially replicated in successor legislation. By allowing the PIL to be amended, the Court avoids the need for a fresh filing and prevents procedural barriers from defeating a public cause.

Furthermore, the issue flagged in the petition carries significant public interest implications—especially in the context of inclusive parental rights for adoptive mothers, evolving jurisprudence on gender equality, and the intersection of reproductive choice and employment protection under Indian constitutional law.

The Court’s acknowledgment that the new Code merely continues the same discriminatory provision indicates that the core constitutional questions raised by the petitioner remain alive and require adjudication.

While the final verdict is still awaited, the Supreme Court has laid the foundation for a potential landmark ruling on maternity entitlements for adoptive mothers, with broader implications on equality and non-discrimination in labour welfare laws. The Court’s order ensures that statutory repeal does not become a shield against judicial scrutiny, especially in cases where the core legal injury persists in new statutory form.

Date of Decision: 12.12.2025