Supreme Court to examine legality of maternity leave cap for adoptive mothers under Social Security
New Delhi: More than 11 months after reserving its verdict, the Supreme Court has decided to examine the constitutional validity of a provision in the Code on Social Security, 2020, that restricts maternity leave for adoptive mothers to cases where the adopted child is below three months of age.
A bench comprising Justices JB Pardiwala and KV Viswanathan has permitted Karnataka-based lawyer Hamsaanandini Nanduri to amend her pending petition to directly challenge Section 60(4) of the 2020 Code. The provision, which came into force last month, mirrors an earlier clause in the Maternity Benefit Act, 1961, despite that law now standing repealed.
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The court noted that although it had reserved judgment in Nanduri’s petition on January 29, 2025, the Union government proceeded to notify the Social Security Code on November 21, 2025, retaining the very restriction under challenge, as reported by Hindustan times. Observing that Section 60(4) of the new Code is pari materia with Section 5(4) of the 1961 Act, the bench allowed the amendment and said the matter would be listed for pronouncement of judgment after the revised plea is placed on record.
Under Section 60(4), an adoptive mother is entitled to 12 weeks of maternity leave only if the adopted child is under three months old. The law does not provide any maternity leave for adoptions involving older children, including those who are orphaned, abandoned or surrendered.
In her petition, which was originally filed in 2021, Nanduri has argued that the provision is arbitrary and discriminatory. She also mentioned that it was violating Articles 14, 19(1)(g) and 21 of the Constitution. She has contended that the law creates unreasonable distinctions between biological and adoptive mothers, between different categories of adoptive mothers, and even among adopted children themselves.
Nanduri, who became an adoptive mother in 2017, adopted two siblings through the Central Adoption Resource Authority, a four-and-a-half-year-old girl and her two-year-old brother, after authorities made it clear that the children could not be separated. When she applied for maternity leave, her employer informed her that she was eligible for only six weeks’ leave per child, as neither met the statutory age requirement of three months.
Describing the provision as offering only “lip service” to adoptive parents, Nanduri has maintained that the restriction fails to recognise the emotional, physical and caregiving demands involved in adopting older children, many of whom come from vulnerable backgrounds.
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Dental student death: Probe against faculty after harassment allegations
Kannur (Kerala)(PTI): Police have launched a probe against faculty members of Kannur Dental College after a first-year student died after falling from a building in a suspected suicide, officials said on Sunday.
Chakkarakkal police, who registered a case of unnatural death, initiated the probe after the parents and friends of the deceased alleged that he had been subjected to emotional harassment by faculty members.
The deceased has been identified as Nithin Raj RL (22), a native of Uzhamalackal, Puthukulangara, Thiruvananthapuram and a first-year BDS student of the college located in Anjarakandy here.
According to police, Raj was found critically injured near the medical college block after falling from the building on the afternoon of April 10. Though he was rushed to the medical college and given treatment, he later succumbed to his injuries.
Following the incident, the college initiated an internal inquiry and on Saturday suspended Dental Anatomy Department Head MK Ram and Associate Professor KT Sangeetha Nambiar.
Police said Raj had sent an audio message to his friends alleging harassment by faculty members, including threats of physical assault and academic repercussions such as reducing his marks in examinations.
Officials at Chakkarakkal police station said a detailed probe is underway into the incident, with digital evidence being collected.
Also, statements by Raj's classmates, college authorities and family members will be recorded soon, police added.
Raj's father Rajan told reporters that his son was emotionally and "verbally harassed" by teachers over his dark complexion and poor family background.
"He worked hard without any support to secure admission on a merit seat in the dental college. But he was harassed by faculty over his caste and complexion. They also threatened to harm him academically," Rajan claimed.
He said that they have lodged a complaint against the faculty members with the police and are expecting a fair probe into the death of his son.
Raj's sister Nikitha said that he had faced repeated harassment based on caste and complexion.
She claimed that Raj had filed a complaint with the college principal, but no action was taken.
"He used to tell us about such discrimination and harassment regularly. He was once called to the staff room where he was severely harassed," she alleged.
The sister also claimed that Raj was once called a "slum dog" in the classroom in front of other students by a faculty member. "Once, when the harassment became unbearable, he reacted, after which the verbal abuse intensified," she added.
When contacted, college authorities told PTI that two faculty members had been suspended and that they were cooperating with the police investigation.
"We will fully cooperate with the investigation and share all details. Further action will be taken based on the outcome of the police probe," an official said.
The body of Raj was brought to his residence in Thiruvananthapuram on Sunday, and buried on the land owned by the family.
Sheeba MR, mother of veterinary student Sidharthan JS, who died in 2024 allegedly after being ragged by fellow students at the Government Veterinary College, Wayanad, visited the house of Raj.
Sheeba said that after her son’s death, she had hoped such incidents would not recur in colleges, but a similar tragedy had happened again.
"These suspensions are only cosmetic as those responsible will be reinstated later. In Sidharthan’s case, the accused students were to be re-admitted soon. Only after our legal fight are they still kept out," she said.
Meanwhile, political leaders also demanded a detailed probe into the incident.
Congress leader Ramesh Chennithala called for a high-level inquiry into Raj’s death.
He said the government should take seriously the allegations by the student’s parents and relatives that caste-and-complexion-based harassment led to the death and take urgent steps to bring those responsible to justice.
Chennithala said the issue should not be closed by merely suspending two teachers and noted that the parents had firmly alleged severe caste discrimination.
Leader of the Opposition in the outgoing Kerala Assembly VD Satheesan visited Raj’s house and demanded a thorough probe.
"Teachers are expected to guide students. How did such people become teachers? There should be a detailed probe," he said.
He added that strict intervention was needed to ensure such incidents are not repeated in the state.
CPI(M) Rajya Sabha MP A A Rahim also visited the family and described the incident as painful.
Rahim said Raj was the hope of his family, which had supported his education despite hardship.
"CPI(M) will stand with the family until justice is delivered. Such an incident should not have happened in a society like Kerala," he said.
He also compared the incident with the death of Rohith Vemula at the University of Hyderabad.
"The family has told us that Raj faced repeated caste discrimination and was deeply affected by it. A detailed probe must be conducted and justice ensured. The action taken should set an example so that such incidents are not repeated in Kerala," Rahim said.
Meanwhile, the Kerala State Human Rights Commission on Sunday directed the police to conduct a detailed probe into the death of the student and submit a report within a week.
The Commission took a case on its own based on media reports.
Commission Judicial member K Baijunath issued directions to the Kannur City Police Commissioner to investigate the allegations surrounding the incident and file a report within the stipulated time, according to a statement.
