The Supreme Court of India has taken a significant step toward ensuring the dignity and rights of nursing mothers by emphasizing that breastfeeding in public and workplaces should not be stigmatized. In a recent judgment, the apex court directed all states and union territories to act upon an advisory issued by the Union Government for creating feeding and childcare rooms in public buildings.

Protecting the Dignity of Nursing Mothers

The bench comprising Justices B.V. Nagarathna and P.B. Varale stressed that stigmatizing breastfeeding in public places contradicts the fundamental duties outlined in Article 51A(e) of the Constitution of India. The court observed:

"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. Over and above the duty of the State to facilitate the exercise of the right of nursing mothers to breastfeed their children, the citizens must ensure that the practice of breastfeeding in public places and workplaces is not stigmatized."

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A Step Towards Gender-Inclusive Infrastructure

The judgment was delivered in response to a petition filed by Maatr Sparsh, an initiative by Avyaan Foundation, seeking directions to construct feeding and childcare rooms in public spaces. The petition underscored the challenges faced by nursing mothers due to the lack of adequate facilities, which often discourage them from stepping out with their infants.

The court took into consideration a joint statement by the United Nations Special Rapporteur, which highlighted that excessive stigmatization of public breastfeeding leads to unnecessary stress and intimidation for mothers.

Recognizing breastfeeding as an essential aspect of a child’s right to life and survival, the Supreme Court noted:

"Breastfeeding is an integral component of a child's right to life, survival, and development to the highest attainable standard of health. It is an essential part of a woman’s reproductive process and crucial for the health and well-being of both mother and child."

The judgment reiterated that depriving a child of breastfeeding due to the absence of appropriate facilities violates both the child’s and the mother’s fundamental rights under Article 21 of the Constitution, which guarantees the right to life and personal liberty.

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The court reviewed the February 27, 2024 advisory issued by the Ministry of Women and Child Development, which recommended allocating spaces for nursing rooms and incorporating at least one childcare facility in public buildings with 50 or more female employees.

The court acknowledged that the advisory aligns with the fundamental rights protected under Articles 14 and 15(3) of the Constitution, which ensure gender equality and special provisions for women and children.

"The advice for setting up these facilities is for ensuring privacy and comfort for nursing mothers and their infants. If implemented by State Governments and Union Territories, it will significantly ease the challenges faced by nursing mothers in public spaces."

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Mandatory Implementation and Further Directives

To ensure the proper implementation of these recommendations, the Supreme Court issued the following directives:

1. Reminder Communication: The Union of India must send a reminder communication to the Chief Secretaries of all states and union territories to ensure compliance with the advisory.
2. Existing Public Places: State governments and union territories should implement these measures in all existing public buildings as far as possible.
3. New Constructions: Public buildings under construction must reserve dedicated spaces for nursing rooms and childcare facilities.
4. Public Sector Undertakings (PSUs): The government should direct all PSUs to allocate separate rooms for childcare and nursing mothers.

The Union of India has been given two weeks to comply with these directives and ensure that the advisory is effectively implemented.

This judgment marks a milestone in promoting gender-friendly public infrastructure. It highlights that the rights of nursing mothers and children are non-negotiable and must be supported through adequate facilities in public and workplace environments.

With this ruling, India takes a significant step toward ensuring that no mother is forced to choose between her right to mobility and her child’s right to nourishment. As public awareness grows, the implementation of these directives will pave the way for a more inclusive and supportive environment for women and children across the country.

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