Prudeta
Prudeta
2026 INSC 246
The petitioner, an adoptive mother, challenged Section 5(4) of the Maternity Benefit Act, 1961, as amended in 2017, and subsequently Section 60(4) of the Code on Social Security, 2020, as unconstitutional. These provisions grant maternity benefits for twelve weeks only to mothers who legally adopt a child below the age of three months or to commissioning mothers. The petitioner argued that this age limit creates an arbitrary and discriminatory classification among adoptive mothers, violating Articles 14, 19(1)(g), and 21 of the Constitution.
Whether the age limit of three months for adopted children, under Section 60(4) of the Code on Social Security, 2020 (and its predecessor Section 5(4) of the Maternity Benefit Act, 1961), is unconstitutional for
The bench further analyzed the constitutional validity of the impugned provisions and discussed the interpretation of Articles 14 and 21 in light of recent precedents...
Citing the ratio in prior decisions, the court held that the legislative intent was to ensure...
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