SC Recognises Adoption as Reproductive Autonomy Under Art 21

SC Recognises Adoption as Reproductive Autonomy Under Art 21

The Supreme Court in Hamsaanandini Nanduri v. Union of India recognised adoption as an integral part of reproductive autonomy protected under Article 21. The challenge concerned Section 60(4) of the Social Security Code, 2020, which limited maternity benefits for adoptive mothers to cases where the adopted child was below three months of age. The Court held that reproductive autonomy extends beyond biological reproduction and includes the conscious decision to form a family through adoption. It ruled that denying maternity leave based solely on the child’s age created an arbitrary classification, violating Articles 14 and 21. Parenthood, the Court emphasised, is defined by care, responsibility, and emotional bonds rather than biology alone. Applying the doctrine of reading down, the Court removed the restrictive condition instead of striking down the provision. Adoptive mothers were held entitled to maternity benefits irrespective of the child’s age, affirming dignity, equality, and child welfare as core constitutional values.