Don’t stigmatise breastfeeding in public, work places, says SC

The Supreme Court has called on states and union territories to follow an advisory issued by the Centre for the creation of feeding and child care rooms in public buildings, stressing the importance of normalising breastfeeding in public places and workplaces without stigma.

A Bench led by Justice BV Nagarathna emphasised that breastfeeding is a fundamental right that supports a child's survival, development, and health. “Breast-feeding is an integral component of a child's right to life, survival, and development to the highest attainable standard of health. It is an integral part of a woman's reproductive process and is essential for the health and well-being of both mother and child,” the Court noted.

The Court reminded citizens of their constitutional duty to uphold the dignity of women, as outlined in Article 51A(e) of the Constitution, which mandates the renouncement of practices that are derogatory to women. The Court emphasised that, beyond the state's responsibility to support nursing mothers, citizens must also ensure breastfeeding is not stigmatised in public spaces or workplaces. “It would not be wrong at this instance to remind the citizens of this nation of their duty to 'renounce practices derogatory to the dignity of women,’” the Court added in its February 19 order.

The order came in response to a petition filed by Maatr Sparsh – an initiative by the Avyaan Foundation, an NGO. The petition sought directions for the construction of feeding and childcare rooms in public spaces and buildings.

In support of the petition, the Union Ministry of Women and Child Development had written to states and union territories on February 27, 2024, urging the creation of gender-friendly spaces in public places to ensure the well-being of working women both within and outside office premises.

The SC noted that the advisory for setting up such facilities is crucial for ensuring the privacy and comfort of nursing mothers. “The advice for setting up of the aforesaid facilities at public places is for the purpose of ensuring privacy and comfort of nursing mothers, who have infants, and for the benefit of infants,” the Court said, adding that implementing the advisory would go a long way in facilitating mothers and infants by ensuring privacy during feeding.

The Court further stated that the advisory is aligned with the fundamental rights guaranteed under Articles 14 and 15(3) of the Constitution of India, which safeguard the rights of women and children. Consequently, the Bench directed the Centre to send a reminder communication to the Chief Secretary/Administrator of all states and union territories, urging compliance with the advisory to aid nursing mothers. “We are confident that the same will be construed in the spirit of Articles 14 and 15 (3) of the Constitution of India and in the light of the right to privacy of nursing mothers and for the welfare of the infants,” the Bench noted.

The Court also directed that states and union territories ensure the implementation of the advisory in existing public buildings where practicable. For public buildings that are in the planning or construction phase, the Bench instructed that adequate space be reserved for childcare/nursing rooms. The Court further urged the Union Government to issue additional advisories to public sector undertakings, instructing them to set aside separate rooms for nursing mothers and infant care.