Right to Breastfeed: Supreme Court Mandates Facilities in Public Spaces
MAATR SPARSH AN INITIATIVE BY AVYAAN FOUNDATION VERSUS UNION OF INDIA & OTHERS
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Key Takeaways
• Supreme Court emphasizes the fundamental right of nursing mothers to breastfeed in dignified conditions.
• State governments are directed to establish breastfeeding and childcare facilities in public spaces.
• The ruling links breastfeeding rights to constitutional provisions ensuring equality and privacy.
• International standards on child health and breastfeeding are recognized in the judgment.
• The decision highlights the importance of women's participation in the workforce and the need for supportive environments.
Introduction
In a landmark decision, the Supreme Court of India has ruled that the establishment of breastfeeding and childcare facilities in public spaces is essential to uphold the rights of nursing mothers and their infants. This ruling comes in the context of a writ petition filed by MAATR SPARSH, an initiative by the Avyaan Foundation, which sought to address the lack of adequate facilities for breastfeeding mothers in public areas. The Court's decision not only reinforces the fundamental rights of mothers and children but also aligns with international standards on child health and women's rights.
Case Background
The petitioner, MAATR SPARSH, is a non-governmental organization focused on establishing feeding rooms and childcare facilities at public places. The petition was prompted by the personal experiences of one of its directors, Advocate Neha Rastogi, who faced challenges in breastfeeding her child in public due to the absence of suitable facilities. The organization argued that the lack of such facilities infringes upon the fundamental rights of both mothers and their children.
The petition sought a writ of mandamus directing the Union of India and other respondents to construct feeding and childcare rooms in public spaces, ensuring that the rights of nursing mothers are protected. The petitioner highlighted the importance of breastfeeding for child health and development, asserting that the absence of facilities violates the rights of both mothers and infants.
What The Lower Authorities Held
The Union of India, in response to the petition, acknowledged the necessity of feeding and childcare rooms as essential services. It referred to a previous order from the Delhi High Court, which directed the government to maintain operational feeding rooms and encouraged the establishment of more such facilities. The Union's affidavit included a communication from the Ministry of Women and Child Development, emphasizing the need for state compliance with the advisory issued regarding the establishment of these facilities.
The Delhi High Court had previously recognized the importance of breastfeeding and the need for supportive environments for nursing mothers. However, the petitioner contended that despite these acknowledgments, concrete steps had not been taken to implement the necessary facilities across public spaces.
The Court's Reasoning
The Supreme Court's ruling was grounded in the recognition of breastfeeding as a fundamental right linked to the health and well-being of both mothers and children. The Court emphasized that breastfeeding is not only vital for a child's survival and development but also an integral part of a woman's reproductive process. The judgment highlighted that the right to breastfeed is inextricably linked to the mother's right to privacy and dignity.
The Court referred to various constitutional provisions, including Articles 14 and 15(3), which ensure equality and prohibit discrimination against women. It also cited Article 39(f), which mandates the state to direct its policy towards the healthy development of children. The ruling underscored that the state has an obligation to create an environment conducive to breastfeeding, thereby facilitating the exercise of this fundamental right.
Statutory Interpretation
The Court's interpretation of the National Food Security Act, 2013, was significant in establishing the link between breastfeeding and the state's responsibility to ensure adequate nutrition for children. Section 5(a) of the Act emphasizes the importance of breastfeeding for child health, reinforcing the need for facilities that support this practice.
Additionally, the judgment referenced international standards, including the Universal Declaration of Human Rights and the United Nations Convention on the Rights of the Child, which advocate for the protection and support of mothers and children. The Court's acknowledgment of these international norms reflects a broader commitment to uphold human rights standards in India.
Constitutional or Policy Context
The ruling is situated within a broader constitutional framework that emphasizes the rights of women and children. The Court's decision aligns with the foundational principle of the best interest of the child, as enshrined in international law and domestic legislation, including the Juvenile Justice (Care and Protection of Children) Act, 2015.
The judgment also highlights the importance of women's participation in the workforce, recognizing that creating supportive environments for nursing mothers is essential for their full and meaningful participation in economic activities. The Court's directive to establish breastfeeding facilities in public spaces is a step towards addressing the barriers that women face in balancing work and family responsibilities.
Why This Judgment Matters
This ruling is significant for several reasons. Firstly, it reinforces the fundamental rights of nursing mothers and their children, ensuring that they have access to dignified and private spaces for breastfeeding in public. Secondly, it places a legal obligation on state governments to comply with the advisory issued by the Union of India, thereby promoting the establishment of necessary facilities across the country.
The judgment also serves as a reminder of the state's duty to uphold the rights of women and children, aligning domestic law with international human rights standards. By emphasizing the importance of breastfeeding for child health and development, the Court has highlighted a critical public health issue that requires immediate attention and action.
Final Outcome
The Supreme Court disposed of the writ petition with directions to the Union of India to ensure compliance with the advisory regarding the establishment of breastfeeding and childcare facilities in public spaces. The Court mandated that the Union of India communicate these directions to all state governments and union territories, emphasizing the need for timely implementation of these measures.
The Court's ruling is a significant step towards creating a more inclusive and supportive environment for nursing mothers, ultimately contributing to the well-being of children and the empowerment of women in society.
Case Details
- Case Title: MAATR SPARSH AN INITIATIVE BY AVYAAN FOUNDATION VERSUS UNION OF INDIA & OTHERS
- Citation: 2025 INSC 302
- Court: IN THE SUPREME COURT OF INDIA
- Bench: Justice B.V. Nagarathna, Justice Prasanna B. Varale
- Date of Judgment: 2025-02-19
