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SC Strikes Down Social Security Code Section 60(4) Limiting Maternity Leave for Adoption of Children Under 3 Months

Target:UPSC GS-IIMPSCTeachingSSC GAPrelims HighMains HighStatic GK Link
17 Mar 2026
~2 min
Source: The Hindu
Key Data:12 weeksSection 60(4) of Social Security Code, 2020Articles 14 and 21March 17, 2026
Bodies:Supreme Court
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What This Article Covers

1.The Supreme Court declared Section 60(4) of the Social Security Code, 2020 unconstitutional for limiting maternity leave only to adoption of children under three months.

2.The Bench, comprising Justices J.B. Pardiwala and R. Mahadevan, held that adoption is part of the right to reproductive autonomy under Articles 14 and 21.

3.The Court also directed the Centre to formulate provisions for paternity leave, recognizing it as a social security benefit.

The Big Picture
Prelims · HighMains · High

The Supreme Court has ruled that denying maternity leave to adoptive mothers based on the age of the child violates constitutional rights. It struck down a provision of the Social Security Code, 2020, and directed the government to consider paternity leave as a social security benefit.

Exam Lens

Quick Exam Facts From News

Maternity Leave Duration12 weeks
Struck Down ProvisionSection 60(4) of Social Security Code, 2020
Violated ArticlesArticles 14 and 21
BenchJustices J.B. Pardiwala and R. Mahadevan
Date of JudgmentMarch 17, 2026

1-Minute Revision

  • ›Maternity Leave Duration: 12 weeks
  • ›Struck Down Provision: Section 60(4) of Social Security Code, 2020
  • ›Target this Data: 12 weeks of maternity leave for adoptive mothers.
  • ›Target this Nodal Body: Supreme Court (Bench: Justices J.B. Pardiwala and R. Mahadevan).
  • ›Target this Legal Point: Section 60(4) of the Social Security Code, 2020 was struck down for violating Articles 14 and 21.

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Q1Static LinkageEasy

Which constitutional articles were cited by the Supreme Court in striking down Section 60(4) of the Social Security Code?

Q2Statement-basedHard

Consider the following statements regarding the Supreme Court judgment on maternity leave for adoptive mothers:

1. The Court struck down a provision that granted maternity leave only if the adopted child was below three months of age.

2. The Court held that the provision was unconstitutional as it violated the right to reproductive autonomy under Article 21.

3. The Court also directed the Centre to recognize maternity leave, but not paternity leave, as a social security benefit.

Which of the statements given above is/are correct?

Q3Data-centricMedium

According to the Supreme Court judgment, what is the duration of maternity leave an adoptive mother is entitled to?

Q4Application/ImpactMedium

What was the primary constitutional rationale provided by the Supreme Court for extending maternity leave to all adoptive mothers?

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