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B. V. NAGARATHNA, PRASANNA B. VARALE
Maatr Sparsh An Initiative by Avyaan Foundation – Appellant
Versus
Union of India – Respondent
ORDER :
1. The petitioner herein, which is a non-Governmental organization, has filed this writ petition in public interest seeking the following reliefs:
(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
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.
(1) It is now statutory obligation of Centre and States to provide for nutritional support to pregnant women and lactating mothers, nutritional support to children and to take steps to identify and p....
Child Care Leave is justiciable and essential for the welfare of lactating mothers, emphasizing the employer's duty to act as a model employer in a Welfare State.
Point of law: As per Article 39 of the Constitution of India, the State shall direct its policy towards securing all the citizens equally, since "all have the right to adequate means of livelihood". ....
The obligation of the State to provide adequate maternal healthcare is fundamental under Art.21 of the Constitution.
The right to clean and safe public toilets for women is essential for dignity and health, recognized under Article 21 of the Constitution.
The court emphasized that custody decisions must prioritize the child's best interest and adhere to principles of natural justice, recognizing the mother's right to breastfeed as fundamental.
Custody decisions must prioritize the best interest of the child and adhere to natural justice principles, ensuring that moral biases do not influence legal outcomes.
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