Shreya Gupta
On 19th February, 2025, the Supreme Court held that the Government has an obligation to provide adequate facilities to enable mothers to breastfeed their children. The Bench comprising Justice BV Nagarathna and Justice Prasanna B Varale emphasized that breastfeeding is an essential aspect of a woman’s reproductive process and is crucial for the health of both the mother and the child.
The Court declared that breastfeeding is intrinsically linked to a child’s right to life, survival, and development, thereby affirming that a mother also has the right to breastfeed her child. As a result, the State must ensure the provision of suitable infrastructure and a supportive environment to facilitate breastfeeding. Additionally, the Court stressed that society must not stigmatize breastfeeding in public places or workplaces and that citizens have a duty to foster an accepting atmosphere for nursing mothers.
The ruling was issued in response to a petition filed by the Avyaan Foundation, which sought directions to the Government to construct feeding rooms and childcare facilities in public spaces. The Court acknowledged that the Central Government had already released an advisory in February 2024 advocating gender-friendly workspaces. The advisory proposed measures such as allocating dedicated spaces in workplaces and public buildings for feeding rooms and creches. The Court affirmed that these measures align with the fundamental rights under Articles 14 and 15(3) of the Indian Constitution, which uphold equality and non-discrimination. It further clarified that such facilities in public places serve to ensure the privacy and comfort of nursing mothers while benefiting their infants.
The Supreme Court directed the Union Government to issue a reminder to State Governments within two weeks to implement this advisory and to cater to the infrastructural needs of nursing mothers, particularly in public spaces. The Court also underscored that existing public spaces should incorporate these facilities wherever feasible. Moreover, for public buildings that are currently in the planning or construction phase, it mandated the reservation of adequate space for childcare and nursing rooms. The Court further suggested that the Central government issue additional advisories to State and Union Territory Governments to encourage Public Sector Undertakings (PSUs) to establish separate childcare, feeding, and nursing rooms for mothers and infants. The Court expressed confidence that these advisories would be implemented in accordance with Articles 14 and 15(3) of the Constitution, ensuring the privacy of nursing mothers and promoting the welfare of infants.
Case Title: Maatr Sparsh by Avyaan Foundation v. Union of India
Case Number: Writ Petition (Civil) No. 950/2022
Bench: Justice BV Nagarathna and Prasanna B Varale
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