The plea sought directives to authorities to safeguard the fundamental rights of nursing mothers and infants, including the provision of dedicated spaces for childcare and breastfeeding in public buildings.
New Delhi, Feb 19 – The Supreme Court has emphasized the importance of having dedicated spaces for child care and infant feeding in public buildings. It has directed state governments to ensure such facilities are available to support mothers and young children.
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A bench comprising Justices B V Nagarathna and Prasanna B Varale stated that establishing these facilities would help ensure privacy for mothers and benefit infants. The court stressed that such spaces should be created in public buildings under construction and, where possible, in existing public spaces.
The court noted, “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.”
This directive came during the hearing of a plea seeking the construction of feeding rooms and child care facilities in public areas.
The Centre’s counsel informed the court that the Ministry of Women and Child Development had already issued a communication on February 27, 2024, instructing all state chief secretaries and administrators of union territories (UTs) to address the issue.
Acknowledging this, the Supreme Court stated, “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 of duties of mothers who have young children and for the benefit of the infants.”
The bench further remarked, “If the advice was acted upon by the states, it would go a long way in facilitating privacy to young mothers and infants at the time of feeding.”
Highlighting the constitutional significance, the court observed,
“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 Supreme Court then directed the Centre to send a reminder communication to all state chief secretaries and administrators, along with a copy of its order.
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The petitioner’s counsel acknowledged that if states followed the Centre’s February 27, 2024, advisory, the plea’s objective would be achieved. Consequently, the bench disposed of the plea and instructed the Centre to ensure compliance within two weeks.
Background
The petition was filed to safeguard the fundamental rights of nursing mothers and infants by ensuring the availability of dedicated child care and feeding spaces in public buildings.
Earlier, on November 19, 2024, the Supreme Court had noted that, at the time, there was no concrete law, rule, or notification from the Centre mandating such facilities. However, with the recent directives, the court has taken a step toward ensuring the welfare of mothers and children in public spaces.
[ Case Title: Maatr Sparsh by Avyaan Foundation vs Union]
