Case Comment - Proposed Title: "Bonding Beyond Biology: Maternity Leave Reconsidered for Adoptive Mothers in Light of Hamsaanandini Nanduri v. Union of India

Abstract

This case commentary examines the Supreme Court of India’s landmark judgment in Hamsaanandini Nanduri v. Union of India (2026), which struck down the age restriction in Section 60(4) of the Code on Social Security, 2020, that limited maternity benefits for adoptive mothers to cases where the adopted child was below three months of age. The Court declared this restriction unconstitutional under Articles 14 and 21 of the Constitution, holding that it bore no rational nexus with the legislative objective of maternity protection and denied adoptive mothers their right to live with dignity. Because the formal adoption process in India routinely spans three to four years, the impugned threshold rendered the statutory benefit practically illusory for the vast majority of adoptive parents. This commentary analyses the Court’s constitutional reasoning under the twin test of reasonable classification and its expanding conception of decisional autonomy, evaluates the judgment’s implications for adoptive families, and explores the emotional dimensions of adoptive parenthood that the law must accommodate. It further situates the decision within the broader discourse on inclusive families, substantive equality, and gender justice, and considers its alignment with India’s international human rights commitments. The commentary concludes that, while the judgment marks a significant advance, graduated leave provisions and a binding statutory framework for paternity leave would further strengthen the protective regime for modern and diverse families.