'Breastfeeding In Public & Work Places Shouldn't Be Stigmatised' : Supreme Court Issues Directions Regarding Nursing & Child Care Rooms

While asking the States/Union Territories to act upon an advisory issued by the Union Government regarding the creation of feeding and child care rooms in public buildings, the Supreme Court observed that the practice of breastfeeding in public places and workplaces should not be stigmatised. 

"It would not be wrong at this instance to remind the citizens of this nation of their duty to “renounce practices derogatory to the dignity of women”, as enshrined in Article 51A(e) of the Constitution of India. Over and above the duty of the State to facilitate the exercise of the right of nursing mothers to breast-feed their children, the citizens must ensure that the practice of breastfeeding in public places and at workplaces is not stigmatized."

A bench of Justices B.V. Nagarathna and P.B. Varale pronounced the judgment in a petition seeking directions to construct feeding and child care rooms and creche at public spaces and buildings.

The above observations regarding stigmatisation were made in the context of a joint statement by the UN Special Rapporteur, which recognises that the over-stigmatisation regarding breast-feeding in public places and workplaces exposes women to unnecessary stress, pressure or intimidation. 

In this context, the Court highlighted the right of nursing mothers to breastfeed their children.

"Breast-feeding is an integral component of a child's right to life, survival, and development to the highest attainable standard of health. 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," the Court averred.

The Court remarked that the health of the infant is linked to the status of the women and their roles as mothers and as contributors to the social and economic development of the nation. 

"As the right of a child to be breast-fed is inextricably linked with the mother, she also has the right to breast-feed her child. Consequently, this means that the State has the obligation to ensure adequate facilities and environment to facilitate mothers to breast-feed 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."

In this matter, the Court considered the advisory issued by the Secretary, Ministry of Women and Child Development with the Ministry of Labour and Employment, dated February 27, 2024 to States/UTs to allocate space for feeding/nursing rooms, creches etc. in public buildings. 

The advisory seeks to allocate space for feeding rooms, incorporating at least one creche facility in every public building having 50 or more female employees, etc.

Perusing the same, the Court noted that the advisory is in accordance with the fundamental rights under Articles 14 and 15(3) of the Constitution.

"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 comfort of nursing mothers, who have infants, and for the benefit of infants. The above, if acted upon by the State Governments/Union Territories, would go a long way in facilitating nursing mothers and infants so that their privacy is ensured at the time of feeding the infants...We therefore, direct respondent no.1/Union of India to incorporate the aforesaid 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 aforesaid advisory issued, which would facilitate women, who are nursing infants particularly in public places."

"We observe that in the existing public places as far as practicable, the States/Union Territories should ensure that the aforesaid directions are given effect to," the Court added.

As for the public buildings that are currently being constructed, the Court stated that sufficient space be reserved for the purposes in the form of child-care and nursing rooms. It has asked the Government to issue advisories to communicate to all Public Sector Undertakings to set apart separate rooms and accommodations for childcare, feeding and nursing of infants. 

Case Details: MAATR SPARSH AN INITIATIVE BY AVYAAN FOUNDATION v. UNION OF INDIA & OTHERS|WRIT PETITION (CIVIL) NO.950/2022

Citation : 2025 LiveLaw (SC) 275

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