India SC Strikes Down Maternity Leave Age Limit
Analysis based on 17 articles · First reported Mar 17, 2026 · Last updated Mar 17, 2026
The ruling by the India — Supreme Court of India expands social security benefits, potentially increasing labor costs for companies in India due to extended maternity leave and the recommendation for paternity leave. This could influence human resource policies and employee benefits across various industries.
The India — Supreme Court of India, through a bench including Justices J. B. Pardiwala and R. Mahadevan, struck down Section 60(4) of the 2020 Social Security Code. This section previously limited maternity leave for adoptive mothers to 12 weeks only if the adopted child was below three months of age. The court deemed this provision unconstitutional, asserting that adoptive mothers are entitled to 12 weeks of maternity leave regardless of the child's age, recognizing adoption as part of reproductive autonomy. The ruling came in response to a plea filed by advocate Hamsaanandini Nanduri. Additionally, the India — Supreme Court of India urged the government of India to establish provisions for paternity leave as a social security benefit.
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