Hamsaanandini Nanduri v. Union of India & Ors.

Exclusion of adoptive mothers of children above three months from maternity benefits is unconstitutional for being under-inclusive, arbitrary, and violative of Articles 14 and 21.

Background

The petitioner challenged s. 60(4) Code on Social Security, 2020 (earlier s. 5(4) MB Act) which grants 12 weeks maternity benefit only to adoptive mothers adopting a child below three months. It excluded adoptive mothers of older children.

Issues Framed

  1. Whether the three-month age limit violates Art. 14 Const. of India by creating an unreasonable classification.

  2. Whether it violates Art. 21 Const. of India by denying adoptive mothers and children dignity, care, and reproductive autonomy.

Court’s Reasoning

1. Nature and Purpose of Maternity Benefit

  • The Court held maternity protection is a basic human right rooted in dignity, equality, and social justice.

  • Maternity leave serves three components:

    • Physical recovery (biological mothers)

    • Emotional bonding

    • Child care and integration into family

  • For adoptive mothers, though physical recovery is absent, bonding and caregiving remain equally critical.

2. Article 14 – Impermissible Classification

  • The Court applied the test of intelligible differentia + rational nexus.

  • It held:

    • Classification based on age of child (below/above 3 months) is artificial and under-inclusive.

    • Adoptive mothers of older children are similarly situated in terms of caregiving needs.

    • The provision fails to include all persons who satisfy the purpose of the law → under-inclusion.

  • Crucially, the Court found:

    • The need for bonding and care is not dependent on age alone.

    • The provision defeats the object of maternity law—dignifying motherhood and child welfare.

3. Article 21 – Dignity, Motherhood & Child Welfare

  • The Court held:

    • Adoption is an expression of reproductive autonomy.

    • Denial of maternity benefit undermines:

      • Mother’s right to meaningful motherhood

      • Child’s right to care, development, and integration 

  • It emphasized:

    • Motherhood is not confined to biological birth.

    • Adoptive mothers are entitled to equal dignity and recognition.

4. Best Interests of the Child

  • The Court applied the “best interest of the child” principle.

  • It noted that:

    • Emotional bonding and stability are crucial, especially for adopted children.

    • Exclusion harms both mother and child welfare.

5. Workability & Practicality

  • The Court observed that:

    • Adoption procedures themselves often exceed three months → provision becomes illusory/otiose.

    • Hence, the classification is also unworkable in practice.

Decision 

  • The Court declared the impugned provision unconstitutional to the extent it restricts benefits to adoption of children below three months.

  • Directed extension of maternity benefits to adoptive mothers irrespective of child’s age (subject to reasonable interpretation consistent with the statute).

Key Takeaway

“Maternity protection is a basic human right… it dignifies motherhood and safeguards maternal and child health.” 

Ratio

A statutory provision granting maternity benefits only to adoptive mothers of children below a specified age is unconstitutional if it creates an under-inclusive classification unrelated to the object of maternity protection and violates the dignity, equality, and child welfare guarantees under Arts. 14 and 21 Const. of India.

Case Details


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