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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.
b) Pass any other or further order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of this case, in the interest of justice and equity.”
4. At the outset, we must mention that on 21.11.2025, the Code on Social Security, 2020, came into effect (for short, “the 2020 Code”), by which all laws relating to social security, including that of the MB Act were amended and consolidated. Insofar as Section 5(4) of the MB Act is concerned, Section 60(4) of the 2020 Code is the existing pari materia provision and holds the field on the issue at hand.
W.P. (C) No. 960 of 2021 Page 7 of 99
a. Whether the age limit of three months stipulated under sub-
section (4) of Section 60 of the Social Security Code, 2020, could be said to be in violation of the Article 14 of the Constitution being discriminatory towards women who adopt a child aged three months or above?
b. Whether the age limit of three months stipulated under sub- section (4) of Section 60 of the Social Security Code, 2020, could be said to be in violation of the right to reproductive autonomy of an adoptive mother and the right of the adopted child to holistic care and development under Article 21 of the Constitution?