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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?