In a significant judgment, the Supreme Court of India has emphasized the importance of providing adequate child care and breastfeeding facilities in public places and workplaces. The apex court observed that breastfeeding is an essential right of both the mother and the child, and that public stigmatization of the practice must end. The court directed the Union of India to ensure that all State Governments and Union Territories (UTs) implement appropriate facilities to support nursing mothers.
Background of the Case
The case was brought before the Supreme Court by Maatr Sparsh – An Initiative by Avyaan Foundation, a non-governmental organization (NGO) that advocates for the establishment of feeding rooms, child care centers, and crèches in public spaces. The petition, Writ Petition (Civil) No. 950/2022, highlighted the difficulties faced by nursing mothers due to the lack of proper breastfeeding and child care facilities in public places.
Advocate Neha Rastogi, one of the directors of the petitioner NGO, recounted her personal experience of being unable to nurse her child in public due to the absence of a safe and dignified environment. The petition sought directions to mandate the construction of such facilities nationwide.
Legal Issues Involved
The case raised significant legal and constitutional questions regarding the fundamental rights of nursing mothers and infants. The petitioner argued that the absence of adequate child care facilities in public spaces violates:
Article 21 (Right to Life and Personal Liberty): Ensuring that nursing mothers have a dignified and private space to breastfeed their children is intrinsic to their right to privacy and bodily autonomy.
Article 14 (Right to Equality): The lack of breastfeeding and child care facilities disproportionately affects women, limiting their mobility and participation in public life.
Article 15(3) (Protective Discrimination for Women and Children): The State has a duty to make special provisions to protect the interests of women and children.
Article 39(f) (Directive Principles of State Policy): The State is responsible for ensuring children’s healthy development in a manner that respects their dignity.
Article 47 (State’s Duty to Improve Public Health): The government must provide an environment that promotes child health, including breastfeeding facilities.
Observations by the Supreme Court
The division bench, comprising Justice B.V. Nagarathna and Justice Prasanna B. Varale, noted that breastfeeding is an integral component of a child’s right to health and survival. The court underscored the importance of ensuring a safe and supportive environment for nursing mothers, stating:
“The right of a child to be breastfed is inextricably linked with the mother, and she also has the right to breastfeed her child. Consequently, this means that the State has the obligation to ensure adequate facilities and environment to facilitate mothers to breastfeed their children.”
The court referred to international conventions, including the Universal Declaration of Human Rights (Article 25) and the United Nations Convention on the Rights of the Child (Article 24), which emphasize the need for special care for mothers and children. It also highlighted a 2016 UN joint statement advocating for greater public support for breastfeeding.
Government’s Response and Court’s Directions
During the hearings, the Union of India, represented by government counsel, submitted an affidavit confirming that an advisory had been issued on February 27, 2024, by the Ministry of Women and Child Development. The advisory instructed all State Governments and UTs to set up feeding rooms, sanitary pad vending machines, crèche facilities, and gender-friendly spaces in workplaces, public transport hubs, educational institutions, and places of worship.
While acknowledging this advisory, the court directed the Union of India to send a reminder communication to all States and UTs, reinforcing the need to implement these measures. It further instructed:
Existing public places should be retrofitted to include child care and nursing rooms where feasible.
New public buildings must reserve adequate space for breastfeeding and child care facilities at the planning and construction stage.
Public Sector Undertakings (PSUs) should be advised to establish similar provisions in their offices and premises.
The Supreme Court gave the Union of India two weeks to ensure compliance with the directive and submit an action plan.
