Facts of the Case:

The petition was filed by a non-governmental organization (NGO) seeking the establishment of feeding rooms, childcare rooms, and other facilities for nursing mothers and infants in public places. The NGO highlighted the difficulties faced by nursing mothers due to the absence of adequate facilities in public spaces. One of the NGO’s directors drew attention to the challenges she faced while trying to nurse her child in public spaces. Her experiences underscored the urgent need for breastfeeding rooms and child-care facilities in all public spaces. The petitioner also referred to a previous case filed before the Delhi High Court, which led to the issuance of a communication from the Union of India in 2018, urging states and Union Territories to provide such facilities.

Contentions of the Petitioner:

The petitioner emphasized the vital importance of breastfeeding and proper child-care for the healthy development of infants. It argued that the lack of adequate facilities for nursing mothers infringes on both the mothers’ and infants’ fundamental rights. The petitioner pointed out that while there are existing legal provisions mandating crèche facilities, these measures are not being implemented effectively in public spaces. The petitioner argued that the state has a responsibility to ensure an environment where nursing mothers can breastfeed their children in dignity and privacy, which is essential for the well-being of both mother and child.

Contentions of the Respondent (Union of India):

The Union of India, represented by learned counsel, acknowledged the importance of breastfeeding and childcare. It informed the court that the Ministry of Women and Child Development had already issued a communication in 2024, urging all states and Union Territories to comply with an advisory on establishing feeding rooms and childcare facilities. The Union of India expressed its commitment to ensuring that these facilities are made available in public spaces across the country, in line with national and international standards. The government also referred to existing legal frameworks, including the Maternity Benefit (Amendment) Act, 2017, which mandates the provision of such facilities in workplaces.

Court’s Observation:

The Court took note of the significance of breastfeeding in ensuring the health and survival of infants. It acknowledged the rights of nursing mothers and children under the Indian Constitution and international human rights law. The Court referred to several key constitutional provisions, including Articles 21, 39(f), and 47, which call for the protection of children’s rights and the improvement of public health standards. The Court also highlighted international conventions such as the United Nations Convention on the Rights of the Child and the Universal Declaration of Human Rights, which recognize the special care and support required for mothers and children.

The Court observed that while there are existing provisions and advisories, concrete actions were lacking. It emphasized the need for greater implementation and the creation of gender-friendly spaces in public places, including feeding and childcare rooms, to support nursing mothers and their children.

Court’s Decision:

The Supreme Court issued directions for the Union of India to ensure compliance with its advisory regarding the establishment of feeding rooms and childcare facilities in public spaces. It instructed the Union Government to issue a reminder communication to all states and Union Territories to facilitate the construction of such rooms in public places, ensuring that they meet the necessary standards of privacy and dignity for nursing mothers. The Court also urged the incorporation of these facilities in both existing and new public buildings.

Furthermore, the Court endorsed the government’s efforts and encouraged timely implementation, noting that these actions are essential for promoting the well-being and dignity of working women and their children. The Court suggested that measures such as installing sanitary pad vending machines and ensuring gender-friendly spaces be part of a broader strategy to support women in public spaces.

The Court concluded by stressing the importance of ensuring that breastfeeding in public spaces and workplaces is not stigmatized. The Union of India was directed to implement these measures swiftly, with the goal of having some facilities in place by International Women’s Day, 8th March 2024.

Court’s Order:

The Union of India was directed to take immediate steps to ensure the creation of feeding rooms and childcare facilities in public spaces across the country. The States and Union Territories were required to comply with the advisory issued by the Ministry of Women and Child Development and to establish gender-friendly spaces in workplaces, public buildings, and other public areas, in line with the Court’s directions.

The matter was disposed of with the Court’s satisfaction that the Union of India had taken significant steps in this direction, but the onus now lay on the States and Union Territories to ensure effective implementation.

Credits: Deeksha Rai