Summary
On a public interest petition seeking feeding and child-care rooms in public places, the Supreme Court recognised that a child's right to be breast-fed and the mother's right to breast-feed flow from Article 21, and directed the Union to remind all States and Union Territories, with a copy of its order, to comply with the Ministry of Women and Child Development's advisory of 27.02.2024 on creating such facilities.
Issues
- Whether nursing mothers and infants have an enforceable right to facilities for breast-feeding and child care in public places.
- What directions should issue to the Union, States and Union Territories to secure feeding and child-care rooms in public places and buildings.
Provisions considered
- Article 21, Constitution of IndiaThe Court held that the right of a child to be breast-fed and the mother's linked right to breast-feed, and the State's obligation to provide facilities enabling it, emanate from Article 21 together with the best-interest-of-the-child principle. (¶ 10)
- Articles 14 and 15(3), Constitution of IndiaThe Central advisory of 27.02.2024 recommending feeding rooms and creches was found to accord with Articles 14 and 15(3), and further advisories were to be construed in their spirit and in light of the nursing mother's privacy. (¶¶ 6, 19, 22)
- Articles 39(f) and 47, Constitution of IndiaQuoted as Directive Principles obliging the State to secure healthy development of children in conditions of dignity and to raise nutrition levels and public health, supporting the State's duty to facilitate breast-feeding. (¶¶ 11, 12)
- Article 51A(e), Constitution of IndiaThe Court reminded citizens of their duty to renounce practices derogatory to the dignity of women, so that breast-feeding in public places and workplaces is not stigmatised. (¶ 16)
- Principle of best interest of the child, Juvenile Justice (Care and Protection of Children) Act, 2015Relied on, together with international law, as a foundational source of the right of the child to be breast-fed and of the State's corresponding obligation. (¶ 10)
- Section 5(a), National Food Security Act, 2013Referred to as supporting the expert recommendation of exclusive breast-feeding for the first six months and continued breast-feeding with complementary food thereafter. (¶ 9)
Held
- Breast-feeding is an integral part of a child's right to life, survival, development and the highest attainable standard of health, and of a woman's reproductive process; because the child's right is inseparable from the mother, she too has a right to breast-feed, and the State is obliged to ensure adequate facilities and an enabling environment, an obligation arising from Article 21 and the best-interest principle. (¶¶ 9, 10)
- Articles 39(f) and 47, Article 25(2) of the Universal Declaration of Human Rights, the UN Convention on the Rights of the Child and the 2016 joint statement of UN experts reinforce the State's duty to protect, promote and support breast-feeding and to prevent exclusion from public space linked to it. (¶¶ 11, 12, 13, 14, 15)
- Beyond the State's duty, citizens must ensure under Article 51A(e) that breast-feeding in public places and workplaces is not stigmatised. (¶ 16)
- Although notice was not issued to the States, the Court, finding that the Central advisory of 27.02.2024 already covered the reliefs sought and was consistent with Articles 14 and 15(3), directed the Union to send it as a reminder with a copy of the order so that States and Union Territories comply with it. (¶¶ 17, 18, 19)
- In existing public places, States and Union Territories should give effect to the directions as far as practicable, and public buildings at the planning or construction stage should reserve sufficient space for child-care and nursing rooms; the Union may also issue advisories for Public Sector Undertakings to set apart such rooms. (¶¶ 20, 21, 22)
Result
Writ petition disposed of with directions; the Union of India to issue the reminder communication to all States and Union Territories within two weeks of receiving the order.