The Supreme Court on Wednesday emphasized the necessity of dedicated spaces for child care and infant feeding in public buildings and directed all state governments to ensure such facilities are provided. The court highlighted the importance of creating private spaces for nursing mothers, which would not only ensure their privacy but also benefit infants.
A bench comprising Justices B V Nagarathna and Prasanna B Varale underscored that setting up child care and feeding rooms in public spaces would support the fundamental rights of mothers and children. “In existing public spaces, as far as practicable, the state governments may ensure such facilities are provided,” the bench stated.
The court further directed that in public buildings still in the planning or construction stages, adequate space must be allocated for child care and feeding rooms. “In so far as public buildings which are at the stage of planning and construction at public places, the state governments may ensure that sufficient space is reserved for the purposes referred to above,” the bench added.
The Supreme Court was hearing a petition seeking the construction of feeding rooms, child care spaces, and other essential facilities for mothers and infants in public spaces. During the proceedings, the Centre informed the court that the Ministry of Women and Child Development had already issued a communication on February 27, 2024, instructing chief secretaries and administrators of all states and union territories (UTs) to take appropriate steps in this regard.
The court expressed satisfaction with the ministry’s communication, noting that it aligned with the objectives outlined in the petition. “On a perusal of the same, we find that the advice for setting up of the aforesaid facilities at public places is for the purpose of ensuring privacy and ease of discharging duties of mothers who have young children and for the benefit of the infants,” the bench observed.
The court further noted that implementing these measures would uphold the fundamental rights enshrined in Articles 14 and 15(3) of the Constitution, which guarantee equality and special protection for women and children. “We find that the said advice which has been issued by the central government is in accordance with the fundamental rights ensured under Articles 14 and 15(3) of the Constitution,” the court stated.
In its order, the Supreme Court directed the Centre to issue a reminder to the chief secretaries and administrators, reiterating the advisory along with a copy of the court’s order, and to comply within two weeks. The bench then disposed of the plea, recognizing that adherence to the advisory by the states would fulfill the petitioner’s demands.
The petitioner had argued that the absence of concrete laws or guidelines regarding child care and feeding spaces in public buildings violated the rights of nursing mothers and infants. The Supreme Court had earlier observed, on November 19, 2024, that no specific law or regulation had been issued by the Centre to address this issue.
