New Delhi: The Supreme Court on Monday ruled that the State must facilitate nursing mothers exercising their right to breastfeed their children, emphasising that breastfeeding in public and workplaces should not be stigmatised.
A Bench comprising Justice BV Nagarathna and Justice Prasanna B Varale while recognising breastfeeding as an integral component of a child’s right to life, stated, “As the right of a child to be breastfed is inextricably linked with the mother, she also has the right to breastfeed her child.”
The Bench observed, “It would not be wrong at this instance to remind the nation’s citizens of their duty to ‘renounce practices derogatory to the dignity of women, as enshrined in Article 51A(e) of the Constitution of India.”
The Court stressed that beyond the State’s duty, citizens must also ensure that the practice of breastfeeding in public spaces and workplaces is not stigmatised.
A Public Interest Litigation (PIL) was filed by the NGO Maatr Sparsh – An Initiative by the Avyaan Foundation, seeking directions for the construction of feeding rooms, crèches, and childcare facilities in public places.
Advocate Abhimanue Shrestha appeared for the petitioner, while advocate N. Visakhamurthy represented the respondents.
The petitioner contended that depriving a child of their mother’s milk due to the lack of basic facilities in public places infringes on the fundamental rights of both the child and the mother.
Given the increasing participation of women in the workforce, the Petitioner argued that accessible childcare facilities in public spaces are essential.
The court underscored that breastfeeding is integral to a child’s right to life and development under Article 21 of the Constitution.
The bench remarked, “The health of infants cannot be viewed in isolation. Rather, it has to be seen as being linked with the status of women and their roles as mothers and contributors to the social and economic development of the nation.”
Citing Articles 14, 15(3), 39(f), and 47 of the Constitution, the Court reinforced the State’s duty to ensure the well-being of both children and mothers.
The Bench also referred to a communication from the Ministry of Women and Child Development, incorporating the following key recommendations that installation of sanitary pad vending machines and incinerators in washrooms to address the menstrual hygiene needs of female employees.
The court directed the states to allocate space for feeding rooms, restrooms and yoga rooms to cater to the physical and mental health needs of female employees.
The court directed the establishment of at least one crèche facility in every public building with 50 or more female employees, ensuring compliance with the Maternity Benefit (Amendment) Act, 2017.
The bench held that implementing these recommendations would significantly aid nursing mothers by ensuring privacy and comfort during breastfeeding.
Consequently, the court directed the Union of India to issue a reminder communication to the Chief Secretaries/Administrators of all State Governments and Union Territories, along with a copy of the judgement, urging them to comply with the advisory.
The court emphasised that public buildings currently in the planning and construction stages must incorporate sufficient space for childcare and nursing rooms to support working mothers and facilitate breastfeeding in public spaces
