LAWS(SC)-2026-3-29

HAMSAANANDINI NANDURI Vs. UNION OF INDIA

Decided On March 17, 2026
Hamsaanandini Nanduri Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) We are tempted to preface our judgment with the words of poet Fleur Conkling Heyliger. The stanza captioned above resonates with an undiminishing force in the present petition as well. It communicates that transition into motherhood does not occur in the brief moment when legal formalities are completed, rather it is a gradual process that takes shape in the heart of the mother. It is within these unspoken moments of reassurance and bonding that the relationship between a mother and child is gradually formed and strengthened.

(2.) Before we address ourselves on the issues raised in the writ petition, we find it apposite to note that the petitioner filed the I.A. No. 33856/2026 to amend the writ petition to bring on record the amendment and consolidation of the impugned provision by way of the Code on Social Security, 2020. We allow the I.A. for the amendment of the writ petition. The amended writ petition is considered for the purposes of the following exposition.

(3.) The petitioner, who is an adoptive mother of two children, has filed the present petition under Article 32 of the Constitution in public interest, seeking a declaration to the effect that Sec. 5(4) of the Maternity Benefit Act, 1961 (for short, "MB Act") as amended by the Maternity Benefit (Amendment) Act, 2017 (for short, "Amendment Act, 2017") is unconstitutional, being violative of Articles 14, 19(1)(g) and 21 of the Constitution, respectively. The prayer in the petition reads thus:-