Last Updated:
Maatr Sparsh, an initiative by Avyaan Foundation, filed a plea for a direction to the Centre and others to act and construct feeding as well as childcare rooms or any other facilities related to infants and mothers at public places
The SC directed states and UTs to implement the Centre’s advisory in existing public spaces as far as practicable. (Image: PTI/File)
The Supreme Court has said breastfeeding is a fundamental aspect of a child’s right to life, survival, and optimal development, reaffirming the state’s duty to facilitate spaces for mothers in public areas and workplaces.
A bench comprising Justices BV Nagarathna and Satish Chandra Sharma directed states and union territories to implement the central government’s advisory in existing public spaces as far as practicable.
“Insofar as the public buildings which are at the stage of planning and construction, it may ensure that sufficient space is reserved for the purposes, in the form of childcare/nursing rooms,” the bench said.
It highlighted that the advisory issued by the Centre in 2024 is in accordance with the Fundamental Rights enshrined under Articles 14 and 15(3) of the Constitution. “We therefore, direct respondent no.1/Union of India to incorporate the advisory in the form of a reminder communication to the Chief Secretary/Administrator of all State Governments/Union Territories along with a copy of this order so that the States/Union Territories would comply with the advisory issued, which would facilitate women, who are nursing infants particularly in public places,” the bench stated.
Maatr Sparsh, an initiative by Avyaan Foundation, filed a plea before the top court for a direction to the government and others to act and construct feeding rooms as well as childcare rooms or any other facilities related to infants and mothers at public places.
The petitioner highlighted the importance of early childcare and mother’s milk for a child. They submitted that depriving any child of mother’s milk due to lack of basic facilities at public places infringes the fundamental right of a child and the mother.
Its counsel further submitted that in today’s scenario, where women are equally taking part in nation building and are stepping outside their homes in large numbers, it is imperative that childcare facilities are available in public places.
The government’s counsel submitted that on February 27, 2024, the secretary of the ministry of women and child development issued a communication to the chief secretary/administrator of all states/UTs, inter alia, in the context of the relief(s) sought by the petitioner. It also said the state governments/UTs will have to comply with the advisory in the form of a recommendation issued by the central government.
Looking at the importance of breastfeeding for a child and the rights of nursing mothers, the bench said, “It is an integral part of a woman’s reproductive process and is essential for the health and well-being of both mother and the child. Experts recommend that children be exclusively breastfed for the first six months of their life, and from the age of six months, children should commence consuming safe and adequate complementary foods while continuing to be breastfed for up to two years of age or beyond. This view is also supported by Section 5(a) of the National Food Security Act, 2013.”
The court pointed out that as the right of a child to be breastfed is inextricably linked with the mother, she also has the right to breastfeed her child. Consequently, the bench said, “This means that the State has the obligation to ensure adequate facilities and environment to facilitate mothers to breastfeed their children. Such a right and the obligation emanate from Article 21 of the Constitution of India and the foundational principle of ‘the best interest of the child’ as enshrined in international law as well as the Juvenile Justice (Care and Protection of Children) Act, 2015.”
It also referred to Article 39(f) of the Constitution, which requires the State to direct its policy towards the healthy development of children. “The State also has a duty to raise the level of nutrition and the standard of living of its people,” the bench said, referring to Article 47 of the Constitution.
The SC asked the Union government to issue further advisories within two weeks to the state governments or UTs to communicate to all the public sector undertakings through the chief secretaries or secretary, department of women and child welfare, to set apart separate rooms/accommodation for child care/feeding and nursing of infants by mothers.
