Supreme Court reminds State of duty to ensure breast feeding space for mothers in public places

New Delhi: The Supreme Court has reminded the State of its duty to facilitate the exercise of the right of nursing mothers to breast-feed their children, saying the citizens must ensure that the practice of breastfeeding in public places and at workplaces is not stigmatised.

"Breast-feeding is an integral component of a child’s right to life, survival, and development to the highest attainable standard of health," a bench of Justices B V Nagarathna and Satish Chandra Sharma said.

The court emphasised the State has the obligation to ensure adequate facilities and environment to facilitate mothers to breast-feed their children. 

It said breast feeding 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.

 "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," the bench said.

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”, as enshrined in Article 51A(e) of the Constitution, the bench said.

Acting on a plea by NGO Maatr Sparsh, an initiative by Avyaan Foundation, the court said the advisory, issued by the central government is in accordance with the fundamental rights enshrined under Articles 14 and 15(3) of the Constitution.

The court directed the Union government to incorporate the February 27, 2024, advisory in the form of a reminder communication within two weeks to the Chief Secretary/Administrator of all State Governments/ Union Territories along with a copy of this order so that they would comply with the advisory issued, which would facilitate women, who are nursing infants particularly in public places.

Insofar as the public buildings which are at the stage of planning and construction, it may be ensured that sufficient space is reserved for the purposes in the form of childcare/nursing rooms, the bench said.