Supreme Court strikes down maternity-leave clause in Social Security Code

The Supreme Court has struck down Section 60(4) of the Social Security Code, 2020, a provision that governed paid maternity leave. The Court found the clause legally unsustainable, though the specific grounds of its reasoning were not elaborated in the available record.

A key concern raised by the Bench was the treatment of adoptive mothers under the law. The Court indicated that the provision created an unjust distinction, effectively denying adoptive mothers the same maternity benefits available to biological mothers. This differential treatment, the Court suggested, ran contrary to the principles of equality and inclusive social welfare.

Beyond the immediate ruling, the Court also made a broader recommendation to the Union government. It advised the executive to examine the question of paternity leave, suggesting that a more balanced parental-leave framework would better reflect contemporary family structures and shared childcare responsibilities.

The judgment opens the door for Parliament to revisit the statutory framework governing parental benefits, ensuring that social security entitlements do not exclude non-traditional family arrangements.