Breastfeeding in public spaces must not be stigmatised; State must provide facilities: Supreme Court

In another landmark judgment on women's rights, the Supreme Court has held that the government is obligated to ensure adequate facilities are in place to help mothers breast-feed their children [Maatr Sparsh by Avyaan Foundation vs Union]..The Bench of Justices BV Nagarathna and Prasanna B Varale observed that breastfeeding is an integral part of a woman’s reproductive process and is essential for the health and well-being of both the mother and the child."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 the child ... As the right of a child to be breast-fed is inextricably linked with the mother, she also has the right to breast-feed her child. Consequently, this means that the State has the obligation to ensure adequate facilities and environment to facilitate mothers to breast-feed their children," the Court said. .State has the obligation to ensure adequate facilities and environment to facilitate mothers to breast-feed their children.Supreme Court.The Court further underlined that citizens must ensure that the practice of breastfeeding in public places and at workplaces is not stigmatised. "Over and above the duty of the State to facilitate the exercise of the right of nursing mothers to breast-feed their children, the citizens must ensure that the practice of breastfeeding in public places and at workplaces is not stigmatized," it observed. .The top court was considering a plea by the Avyaan Foundation seeking directions to ensure that the government constructs feeding rooms and child care rooms or any other facilities required by infants and mothers at public places.The Court noted that the Central government had already issued an advisory on the subject in February 2024 to ensure gender-friendly workspaces. The measures suggested in this advisory included the allocation of space in workplaces and public buildings for feeding rooms and creches.The Court opined that this advisory was in accordance with the fundamental rights enshrined under Articles 14 (right to equality) and 15(3) (non-discrimination in public opportunities) of the Constitution of India."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 above, if acted upon by the State Governments/ Union Territories, would go a long way in facilitating nursing mothers and infants so that their privacy is ensured at the time of feeding the infant," the Court noted. .The Court has now directed the Union government to issue this advisory as a reminder to the State governments in two weeks to facilitate the needs of women who are nursing infants and who may require infrastructural support for the same, particularly in public spaces. .The Court opined that such facilities should be ensured as far as practicable in existing public spaces. The Court added that for public buildings which are at the stage of planning and construction, steps must be taken to ensure that sufficient space is reserved for such purposes in the form of childcare/ nursing rooms.The Court further said that the Central government may also issue additional advisories on this issue to the governments of States and Union Territories so that all Public Sector Undertakings, so that separate rooms may be set up for child care, feeding, and nursing of infants by mothers."If such advisories are issued by the Union of India to the State Governments/Union Territories, 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 right to privacy of nursing mothers and for welfare of the infants," the Court said..[Read Judgment].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.