Supreme Court Upholds Right to Breastfeed in Public, Directs Government to Provide Facilities

Introduction

In a landmark judgment strengthening women’s rights and child welfare, the Supreme Court of India has ruled that breastfeeding in public must not be stigmatized and that the State has an obligation to provide adequate facilities for nursing mothers. The ruling, in the case Maatr Sparsh by Avyaan Foundation vs. Union of India, highlights the fundamental right of mothers and infants to a conducive environment for breastfeeding.

The Bench, comprising Justices BV Nagarathna and Prasanna B Varale, declared that breastfeeding is an integral part of a woman’s reproductive process and a child’s right to survival, development, and health. The Court emphasized that both the government and society must work to ensure breastfeeding mothers are supported in public spaces and workplaces.

Background of the Case

The case originated from a plea filed by the Avyaan Foundation, seeking directions to ensure that the government provides proper feeding rooms, childcare facilities, and other essential infrastructure in public spaces for nursing mothers.

The petitioners argued that the lack of designated breastfeeding spaces leads to discomfort and discrimination against mothers, often forcing them to avoid public outings or resort to unhygienic conditions. They also cited international conventions and studies emphasizing the importance of a breastfeeding-friendly environment.

Key Highlights of the Supreme Court Ruling

1. Breastfeeding as a Fundamental Right

The Supreme Court underscored that the right of a child to be breastfed is inherently linked to a mother’s right to breastfeed. It held that:

• Breastfeeding is an essential aspect of a child’s right to life, survival, and development, as recognized under Article 21 of the Constitution of India.
• A mother has the right to breastfeed her child in a safe and comfortable environment, free from discrimination or stigma.
• The State is obligated to ensure adequate public facilities for breastfeeding, in alignment with Article 14 (right to equality) and Article 15(3) (protection of women and children) of the Indian Constitution.

2. Public Breastfeeding Should Not Be Stigmatized

The Court strongly criticized the social stigma surrounding breastfeeding in public and workplaces. It called upon citizens to respect and support nursing mothers, ensuring they do not face embarrassment or discrimination.

“Over and above the duty of the State to facilitate the exercise of the right of nursing mothers to breastfeed their children, the citizens must ensure that the practice of breastfeeding in public places and at workplaces is not stigmatized,” the Court observed.

3. Government’s Role in Providing Facilities

The Court took note of an advisory issued by the Central Government in February 2024 on gender-friendly workplaces. The advisory recommended the inclusion of:

• Feeding rooms and creches in workplaces and public buildings.
• Childcare spaces in malls, railway stations, airports, and government offices.
• Privacy-friendly infrastructure for nursing mothers.

The Supreme Court directed the Union Government to issue a reminder to all State Governments and Union Territories within two weeks to implement these measures in public spaces and workplaces.

4. Implementation in Existing and Future Public Buildings

The Supreme Court ordered that:

• Existing public spaces must be modified as far as practicable to include breastfeeding-friendly facilities.
• New public buildings under planning or construction must incorporate dedicated childcare and nursing rooms to accommodate the needs of mothers and infants.

The Court also urged Public Sector Undertakings (PSUs) and other government agencies to set up separate rooms for child care, feeding, and nursing of infants.

Implications of the Judgment

1. Boost for Women’s Rights and Workplace Inclusivity

The ruling strengthens gender equality and women’s rights, reinforcing that mothers should not have to choose between breastfeeding and participating in public life or the workforce. Workplaces will now be legally encouraged to offer lactation rooms and childcare facilities, making it easier for women to balance motherhood and career responsibilities.

2. Improved Public Infrastructure for Mothers

Railway stations, airports, shopping malls, government offices, and other public spaces will be required to set up feeding rooms to ensure privacy and comfort for nursing mothers. This move aligns India with international best practices, such as baby-friendly public spaces in Europe and North America.

3. Reduction in Infant Malnutrition and Health Benefits

Breastfeeding is crucial for infant nutrition and immunity. By ensuring supportive infrastructure, the ruling will:

• Promote exclusive breastfeeding, which the World Health Organization (WHO) recommends for the first six months.
• Reduce malnutrition, infections, and diseases in infants.
• Improve maternal health by lowering the risk of postpartum complications.

4. Social Awareness and Cultural Shift

The judgment will help challenge societal taboos associated with public breastfeeding. As awareness increases, people will become more accepting, creating a more inclusive and respectful environment for nursing mothers.

Challenges in Implementation

Despite the positive impact, challenges remain in implementation and enforcement:

• Lack of Infrastructure: Many government buildings and public spaces lack basic amenities for women, let alone lactation rooms. Retrofitting these spaces will require significant investment and commitment from authorities.
• State-Level Resistance: Some State Governments may be slow in implementing these directives, citing budget constraints or logistical issues.
• Public Sensitization: While legal mandates can drive change, cultural attitudes towards breastfeeding in public must also shift. Public awareness campaigns and sensitization programs will be crucial.

Comparative Perspective: Global Best Practices

Several countries have strong policies supporting breastfeeding-friendly environments:

• United States: The Affordable Care Act mandates employers to provide lactation rooms and break time for nursing mothers.
• United Kingdom: The Equality Act 2010 protects breastfeeding mothers from discrimination in public places.
• Australia: Public spaces and workplaces are required to provide dedicated feeding areas, and employers must accommodate breastfeeding needs.
• Scandinavian Countries: Countries like Sweden and Norway offer extensive maternity leave, financial support, and breastfeeding-friendly policies, contributing to high breastfeeding rates.

India’s Supreme Court ruling brings the country closer to international standards, ensuring better conditions for mothers and infants.

Conclusion

The Supreme Court’s judgment is a milestone in gender equality, maternal rights, and child welfare in India. By recognizing breastfeeding as a fundamental right, the ruling paves the way for a more inclusive and supportive environment for nursing mothers.

As India moves towards implementing feeding rooms and childcare spaces in workplaces and public buildings, this judgment sets the stage for broader policy reforms that prioritize women’s health, workplace inclusivity, and child nutrition.

While challenges in execution remain, the ruling marks a significant step toward making public breastfeeding a norm rather than a taboo, ensuring dignity, comfort, and rights for mothers and children across India.

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