1. Public interest litigation seeking mandamus for the construction of feeding and child care rooms at public places to protect the rights of nursing mothers and infants. (Para 1 , 3 )
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2025 Supreme(SC) 434
SUPREME COURT OF INDIA
B.V. NAGARATHNA, PRASANNA B. VARAL, JJ.
Maatr Sparsh An Initiative by Avyaan Foundation – Petitioner
Versus
Union of India and Others – Respondents
Writ Petition (Civil) No. 950 of 2022
Decided On : 19-02-2025
Important Points
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.
Subject
Public Interest Litigation - Child Welfare
Act Referred
Headnote
(A) Constitution of India - Articles 14, 15(3), and 21 - National Food Security Act, 2013 - Section 5(a) - Writ petition filed by a non-Governmental organization seeking directions for the establishment of feeding and child care rooms in public places - The court recognized the fundamental rights of nursing mothers and infants, emphasizing the necessity of facilities for breastfeeding in public spaces to uphold dignity and privacy. (Paras 1-22)
(B) Right to Health - The court highlighted that breastfeeding is integral to a child's right to life and health, linking it to the mother's rights and the state's obligation to provide necessary facilities. (Paras 9-10)
(C) Advisory Compliance - The court directed the Union of India to ensure compliance with the advisory for setting up facilities, reinforcing the state's duty to protect the rights of mothers and infants. (Paras 19-22)
Facts of the case:
The petitioner, an NGO, sought to address the lack of breastfeeding facilities in public places, citing the personal experience of its director and the need for such facilities to support working mothers.
Findings of Court:
The court directed the Union of India to remind State Governments/Union Territories to comply with the advisory for establishing breastfeeding facilities, emphasizing the importance of privacy and comfort for nursing mothers.
Issues: The main issues included the necessity of breastfeeding facilities in public spaces and the state's obligation to ensure these facilities are available.
Ratio Decidendi: The court ruled that the right to breastfeed is linked to the fundamental rights of mothers and children, and the state has a duty to provide adequate facilities to support this right.
Result: Writ Petition disposed of with directions.
(B) Right to Health - The court highlighted that breastfeeding is integral to a child's right to life and health, linking it to the mother's rights and the state's obligation to provide necessary facilities. (Paras 9-10)
(C) Advisory Compliance - The court directed the Union of India to ensure compliance with the advisory for setting up facilities, reinforcing the state's duty to protect the rights of mothers and infants. (Paras 19-22)
Facts of the case:
The petitioner, an NGO, sought to address the lack of breastfeeding facilities in public places, citing the personal experience of its director and the need for such facilities to support working mothers.
Findings of Court:
The court directed the Union of India to remind State Governments/Union Territories to comply with the advisory for establishing breastfeeding facilities, emphasizing the importance of privacy and comfort for nursing mothers.
Issues: The main issues included the necessity of breastfeeding facilities in public spaces and the state's obligation to ensure these facilities are available.
Ratio Decidendi: The court ruled that the right to breastfeed is linked to the fundamental rights of mothers and children, and the state has a duty to provide adequate facilities to support this right.
Result: Writ Petition disposed of with directions.
Legal Category Hierarchy
- constitutional law
-
administrative law
-
writ jurisdiction
- mandamus (Para 1)
-
writ jurisdiction
- human rights
- social welfare law
Advocates appeared:
For the Petitioner(s): Mr. Animesh Rastogi, Adv. Ms. Neha Rastogi, Adv. Mr. Abhimanue Shrestha, AOR
For the Respondent(s): Ms. Aishwarya Bhati, ASG (Not present) Mr. K.M.Nataraj, A.S.G. (Not present) Sharath Nambiar, Adv. Sanjay Kumar Tyagi, Adv. Sridhar Potaraju, Adv. Shivika Mehra, Adv. Ms. B.L.N. Shivani, Adv. Dr. N. Visakamurthy, AOR Mr. Manish Kumar, AOR Mr. Divyansh Mishra, Adv.
For the Petitioner(s): Mr. Animesh Rastogi, Adv. Ms. Neha Rastogi, Adv. Mr. Abhimanue Shrestha, AOR
For the Respondent(s): Ms. Aishwarya Bhati, ASG (Not present) Mr. K.M.Nataraj, A.S.G. (Not present) Sharath Nambiar, Adv. Sanjay Kumar Tyagi, Adv. Sridhar Potaraju, Adv. Shivika Mehra, Adv. Ms. B.L.N. Shivani, Adv. Dr. N. Visakamurthy, AOR Mr. Manish Kumar, AOR Mr. Divyansh Mishra, Adv.
Table of Contents
2. Lack of public feeding facilities infringes the fundamental rights of mothers and children to dignity, privacy, and health, necessitating specific national guidelines. (Para 4 )
3. Breast-feeding is integral to a child's right to life and health, creating a State obligation to provide conducive facilities for nursing mothers. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 )
4. The right to breast-feed and the State's obligation to provide facilities emanate from Article 21, Article 39(f), Article 47, and the best interests of the child. (Para 10 , 11 , 12 )
5. Union of India directed to remind States and Union Territories to implement the advisory on creating gender-friendly spaces, including feeding and child-care rooms in public places. (Para 19 , 20 , 21 , 22 , 23 )
6. Is the right to breast-feed recognized as a fundamental right?
Yes, the court held that the right of a child to be breast-fed and the mother's right to breast-feed emanate from Article 21 of the Constitution of India and the foundational principle of the best interest of the child. (Para 10 )
7. What are the State's constitutional obligations regarding the healthy development of children?
Under Article 39(f), the State must ensure children have opportunities and facilities to develop in a healthy manner with freedom and dignity, while Article 47 mandates raising nutrition and public health as primary duties. (Para 11 , 12 )
8. Why is the creation of gender-friendly spaces in public and workplaces considered legally important?
Such spaces, including feeding rooms and creches, address barriers to women's workforce participation, ensure compliance with the Maternity Benefit (Amendment) Act, 2017, and protect the privacy and dignity of nursing mothers. (Para 17 , 18 )
9. What is the duty of citizens regarding the practice of breast-feeding in public?
Under Article 51A(e) of the Constitution, citizens have a duty to renounce practices derogatory to the dignity of women, which implies that breast-feeding in public places and workplaces should not be stigmatized. (Para 16 )
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 ha
