The court affirmed the fundamental rights of nursing mothers and infants, mandating the establishment of breastfeeding facilities in public spaces to ensure dignity and privacy.

ORDER :

1. The petitioner herein, which is a non-Governmental organization, has filed this writ petition in public interest seeking the following reliefs:

“(a) Issue a Writ, Order, or Direction in the nature of Mandamus to all Respondents to act and construct feeding rooms and child care rooms etc. or any other facilities related to infants and mothers at public places.

(b) Issue a Writ, Order, or Direction in the nature of Mandamus to all Respondents to ensure that the fundamental right of nursing mother and infants are protected.

(c) Pass such other orders as may be deemed fit in the facts and circumstances of this case.”

2. We have heard learned counsel for the petitioner and learned counsel appearing for the respondent no. 1/Union of India. Notice to respondent nos. 2 to 36 has not been issued in the matter.

Facts of the case:

3. According to the petitioner, it is an NGO formed with a view to setting up feeding rooms, child care rooms and creche at public places with the help of Government and public support. That one of its Directors, namely Advocate Neha Rastogi, realized the impediments faced by nursing mothers when she gave birth to a child. Her impediment was that she was afraid to go out in public because of the lack of facilities for feeding her child at public places and there was a sore need for breast-feeding rooms and child-care in all public places.

Petitioner’s Submissions:

4. Learned counsel for the petitioner highlighted the importance of early child-care and mother’s milk for a child, and submitted that depriving any child of mother’s milk due to lack of basic facilities at public places infringes the fundamental right of a child and the mother. Learned counsel further submitted that in today’s scenario, where women are equally participating in the growth of the nation and are stepping outside their homes in large numbers, it is imperative that child-care facilities are available in the public spaces and premises. He submitted that it was not their case that the governments have not done anything in this regard; they highlighted different provisions of law which require setting up of creche facilities. However, the submission was that no concrete steps have been taken by them to provide such basic facilities at public places, and that nursing a child in an environment which is conducive to a mother’s dignity and privacy is a fundamental right. Learned counsel prayed that specific guidelines and/or directions may be issued in respect of construction of baby feeding rooms and child-care rooms at public places throughout the country.

5. The learned counsel brought to our notice an earlier writ petition filed by the director of the petitioner NGO before the Delhi High Court titled Master Avyaan Rastogi through Guardian Neha Rastogi vs. Union of India, W.P. (C) No. 7356 of 2018. In that proceeding, the Union of India had informed the High Court that it considered feeding rooms and child-care rooms as essential services and that it had written a letter dated 27.08.2018 to all States and Union Territories requesting them to set up feeding rooms and child-care rooms for women and children. The Delhi High Court, vide order dated 06.11.2019, disposed of the petition directing the respondents therein to maintain the feeding rooms which have been made operational so far and it noted that it expects more such feeding rooms/changing rooms to be made operational.

6. During the course of submission, learned counsel for respondent no. 1/Union of India, with reference to their affidavit, drew our attention to communication dated 27.02.2024 issued by the Secretary, Ministry of Women and Child Development, Government of India to the Chief Secretary/Administrator of all States/Union Territories, inter alia, in the context of the reliefs sought for by the petitioner herein. It was submitted that the State Governments/Union Territories would have to comply with the advisory in the form of recommendation issued by the Central Government havi