The Supreme Court has ruled that the Union and state governments have a legal obligation to provide adequate facilities to facilitate breastfeeding in public spaces, asserting that nursing mothers and infants have fundamental rights that must be protected.
Directing all states and Union territories (UTs) to act on a 2024 advisory issued by the Centre, a bench led by justice BV Nagarathna called for the establishment of feeding and child care rooms in public buildings to support nursing mothers.
“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,” noted the bench, also comprising justice PB Varale.
The judgment, delivered on February 19 but released recently, came in response to a public interest litigation (PIL) filed by non-profit organisation Maatr Sparh — an initiative by Avyaan Foundation — which sought directives for creating breastfeeding rooms and related facilities in public places.
Recognising the crucial role of mothers, the court stated: “The health of infants cannot be viewed in isolation but must be linked with the status of women and their roles as mothers and contributors to social and economic development.”
{{/usCountry}}Recognising the crucial role of mothers, the court stated: “The health of infants cannot be viewed in isolation but must be linked with the status of women and their roles as mothers and contributors to social and economic development.”
{{/usCountry}}The bench further emphasised that the right of a child to be breastfed is inextricably linked with the mother’s right to breastfeed, making it the duty of the State to ensure an environment conducive to nursing mothers.
The ruling referenced Article 21 of the Constitution, the National Food Security Act, 2013, and the Juvenile Justice (Care and Protection of Children) Act, 2015, all of which highlight the best interests of the child and the obligation of the State to protect maternal and child health.
Taking a strong stance against the stigma surrounding public breastfeeding, the court pointed out that women should not face stress, pressure, or intimidation for breastfeeding in public places or workplaces. Quoting a 2016 United Nations statement, the judgment noted that public breastfeeding must be promoted, supported, and protected, as it helps save over 820,000 lives annually worldwide.
In this regard, the court reminded citizens of their fundamental duty under Article 51A(e) of the Constitution, which calls for renouncing practices derogatory to women’s dignity. It stated: “Citizens must ensure that breastfeeding in public places and workplaces is not stigmatized.”
Highlighting that the Ministry of Women and Child Development (MWCD) issued an advisory on February 27, 2024, the court directed the Centre to reinforce these guidelines with all state and UT governments. Among various things, the advisory recommended setting up gender-friendly spaces, including feeding rooms and child care facilities in all public buildings; installation of sanitary pad vending machines and incinerators in workplaces, bus stations, schools, colleges, universities, and places of worship; mandatory crèche facilities in every public building with 50 or more female employees and encouraging private sector compliance to facilitate working mothers.
The court ruled that the advisory aligns with Articles 14 and 15(3) of the Constitution, which guarantee equality and special provisions for women and children. It directed the Centre to issue reminder communications within two weeks to ensure compliance by states and UTs.
Further, the bench instructed states to ensure that existing public buildings incorporate these facilities and that all upcoming buildings allocate sufficient space for breastfeeding and child care.