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Need action plan from Centre on child feeding space in public places: Supreme Court

The order was passed in a public interest litigation (PIL) filed by NGO Maatr Sparsh seeking separate and exclusive space for purpose of feeding babies and childcare in public buildings and spaces

Published on: Nov 19, 2024, 16:22:38 IST
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The Supreme Court on Tuesday directed the central government to come out with an action plan to provide separate spaces in public places and buildings for mothers to feed and take care of children adding that no law, rule or notification has been issued by the government till date in this regard.

The bench will consider issuing orders on December 10. (Representative file photo)
The bench will consider issuing orders on December 10. (Representative file photo)

A bench headed by justice BV Nagarathna said that it intends to pass directions in this regard to all states and will consider issuing orders on December 10 to ensure such provisions are made while constructing future buildings and public amenities.

The order was passed in a public interest litigation (PIL) filed by NGO Maatr Sparsh seeking separate and exclusive space for purpose of feeding babies and childcare in public buildings and spaces.

The bench, also comprising justice N Kotiswar Singh, said, “At present, there appears to be no concrete law including rules or notification issued by Union government in this regard.”

Additional solicitor general (ASG) Aishwarya Bhati proposed a way out by consulting states and preparing an action plan that can serve as a model guideline for states to follow.

She said, “We cannot encroach upon the legislative domain of states as essentially this issue falls under ‘health’ which is a State subject.”

The court told Bhati to first come with an action plan.

“This involves the issue of privacy of nursing mothers. We can ask states that while constructing any new building, provision should be made for childcare room”, the bench said.

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The petition pointed out that some states have evolved some guidelines to provide for childcare rooms in public offices, but no uniform policy exists across the country.

The petition said these basic facilities cannot be denied to women who have a constitutional right to live with dignity with their privacy protected under Article 21 of the Constitution of India.

The petition filed by advocate Abhimanue Shrestha cited the Directive Principles of State policy contained in Articles 42 and 47 of the Constitution of India that casts obligation on states to take steps for betterment of level of nutrition and standard of people and to also improve public health of women and children.

The petition was filed before the top court in 2022 in order to enforce these principles.

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