2025 INSC 302

W.P. (C) No.950 of 2022 Page 1 of 16

REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

WRIT PETITION (CIVIL) NO.950/2022

MAATR SPARSH AN INITIATIVE BY

AVYAAN FOUNDATION … PETITIONER

VERSUS

UNION OF INDIA & OTHERS … RESPONDENTS

O R D E R

The petitioner herein, which is a non -Governmental

organization, has filed this writ petition in public interest seeking

the following reliefs:

“a. Issue a Writ, Order, or Direction in the nature of

Mandamus to all Respondents to act and construct feeding

rooms and child care rooms etc. or any other facilities

related to infants and mothers at public places;

b. Issue a Writ, Order, or Direction in the nature of

Mandamus to all Respondents to ensure that the

fundamental right of nursing mother and infants are

protected;

W.P. (C) No.950 of 2022 Page 2 of 16

c. Pass such other orders as may be deemed fit in the

facts and circumstances of this case.”

2. We have heard learned counsel for the petitioner and learned

counsel appearing for the respondent no.1/Union of India. Notice

to respondent nos. 2 to 36 has not been issued in the matter.

Facts of the case:

3. According to the petitioner, it is an NGO formed with a view

to setting up feeding rooms, child care rooms and crèche at public

places with the help of Government and public support. That one

of its Directors, namely Advocate Neha Rastogi, realized the

impediments faced by nursing mothers when she gave birth to a

child. Her impediment was that she was afraid to go out in public

because of the lack of facilities for feeding her child at public places

and there was a sore need for breast-feeding rooms and child-care

in all public places.

Petitioner’s Submissions:

4. Learned counsel for the petitioner highlighted the importance

of early child-care and mother’s milk for a child, and submitted

that depriving any child of mother’s milk due to lack of basic

W.P. (C) No.950 of 2022 Page 3 of 16

facilities at public places infringes the fundamental right of a child

and the mother. Learned counsel further submitted that in today’s

scenario, where women are equally participating in the growth of

the nation and are stepping outside their homes in large numbers,

it is imperative that child-care facilities are available in the public

spaces and premises. He submitted that it was not their case that

the governments have not done anything in this regard; they

highlighted different provisions of law which require setting up of

crèche facilities. However, the submission was that no concrete

steps have been taken by them to provide such basic facilities at

public places, and that nursing a child in an environment which is

conducive to a mother’s dignity and privacy is a fundamental right.

Learned counsel prayed that specific guidelines and/or directions

may be issued in respect of construction of baby feeding rooms and

child-care rooms at public places throughout the country.

5. The learned counsel brought to our notice an earlier writ

petition filed by the director of the petitioner NGO before the Delhi

High Court titled Master Avyaan Rastogi through Guardian

Neha Rastogi vs. Union of India, WP (C) No.7356 of 2018. In

W.P. (C) No.950 of 2022 Page 4 of 16

that proceeding, the Union of India had informed the High Court

that it considered feeding rooms and child-care rooms as essential

services and that it had written a letter dated 27.08.2018 to all

States and Union Territories requesting them to set up feeding

rooms and child-care rooms for women and children. The Delhi

High Court, vide order dated 06.11.2019, disposed of the petition

directing the respondents therein to maintain the feeding rooms

which have been made operational so far and it noted that it

expects more such feeding rooms/changing rooms to be made

operational.

6. During the course of submission, learned counsel for

respondent no.1/Union of India, with reference to their affidavit,

drew our attention to communication dated 27.02.2024 issued by

the Secretary, Ministry of Women and Child Development,

Government of India to the Chief Secretary/Administrator of all

States/Union Territories, inter alia, in the context of the relief(s)

sought for by the petitioner herein. It was submitted that the State

Governments/Union Territories would have to comply with the

advisory in the form of recommendation issued by the Central

W.P. (C) No.950 of 2022 Page 5 of 16

Government having regard to Articles 14 and 15(3) of the

Constitution of India.

7. Learned counsel for the petitioner submitted that if the State

Governments/Union Territories comply with the advisory issued

on 27.02.2024, the purpose of filing this writ petition would be

fulfilled.

8. Learned counsel for respondent no.1/Union of India further

submitted that a direction may be issued in this regard to the State

Governments/Union Territories.

9. In this regard, it is relevant here to discuss the importance of

breast-feeding for a child and the rights of nursing mothers.

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. Experts recommend that children be exclusively breast-fed

for the first six months of their life and from the age of six months,

children should commence consuming safe and adequate

W.P. (C) No.950 of 2022 Page 6 of 16

complementary foods while continuing to be breast-fed for up to

two years of age or beyond. This view is also supported by Section

5(a) of the National Food Security Act, 2013.

10. Further, the health of infants cannot be viewed in isolation.

Rather, it has to be seen as being linked with the status of women

and their roles as mothers and as contributors to social and

economic development of the nation. 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.

Such a right and the obligation emanate from Article 21 of the

Constitution of India and the foundational principle of ‘the best

interest of the child’ as enshrined in international law as well as

the Juvenile Justice (Care and Protection of Children) Act, 2015.

11. Further, Article 39(f) of the Constitution of India requires the

State to direct its policy towards the healthy development of

children. It provides thus:

W.P. (C) No.950 of 2022 Page 7 of 16

“39. Certain principles of policy to be followed by the State.

The State shall, in particular, direct its policy towards

securing –

***

(f) that children are given opportunities and facilities to

develop in a healthy manner and in conditions of freedom

and dignity and that childhood and youth are protected

against exploitation and against moral and material

abandonment.”

12. The State also has a duty to raise the level of nutrition and

the standard of living of its people. In this regard, Article 47 of the

Constitution of India provides as follows:

“47. Duty of the State to raise the level of nutrition and the

standard of living and to improve public health.

The State shall regard the raising of the level of nutrition

and the standard of living of its people and the improvement

of public health as among its primary duties and, in

particular, the State shall endeavour to bring about

prohibition of the consumption except for medicinal

purposes of intoxicating drinks and of drugs which are

injurious to health.”

13. At the international level, Article 25(2) of the Universal

Declaration of Human Rights provides as follows:

“Article 25

2. Motherhood and childhood are entitled to special care

and assistance. All children, whether born in or out of

wedlock, shall enjoy the same social protection.”

W.P. (C) No.950 of 2022 Page 8 of 16

14. The Joint Statement dated 17.11.2016 by the UN Special

Rapporteurs on the Right to Food, Right to Health, the Working

Group on Discrimination against Women in law and in practice,

and the Committee on the Rights of the Child in support of

increased efforts to promote, support and protect breast-feeding,

highlight that breast-feeding helps infants and young children

thrive and survive; that it is safe, clean, and contains anti-bodies

which help protect against many illnesses. It notes that, if breast-

feeding is increased to near universal levels, it could save more

than 8,20,000 lives every year. It raises concern over stigmatization

regarding breast-feeding in public places and at workplaces as it

exposed women to unnecessary stress, pressure or intimidation.

As regards the obligation of States, it noted as follows:

“We remind States of their obligations under relevant

international human rights treaties to provide all

necessary support and protection to mothers and their

infants and young children to facilitate optimal feeding

practices. States should take all necessary measures to

protect, promote, and support breast-feeding, and end the

inappropriate promotion of breast-milk substitutes and

other foods intended for infants and young children up to

the age of 3 years.

***

States should prevent and protect from discrimination,

including exclusion from public space, linked to breast-

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feeding. In addition, States should ensure that women can

benefit from adequate maternity protection in the

workplace, including through the promotion of policies

that support nursing mothers.”

15. Additionally, it is worthwhile to reproduce relevant portions

of the United Nations Convention on the Rights of the Child

(“UNCRC”) as follows:

“Article 3

1. In all actions concerning children, whether undertaken

by public or private social welfare institutions, courts of

law, administrative authorities or legislative bodies, the

best interests of the child shall be a primary consideration.

2. States Parties undertake to ensure the child such

protection and care as is necessary for his or her well-

being, taking into account the rights and duties of his or

her parents, legal guardians, or other individuals legally

responsible for him or her, and, to this end, shall take all

appropriate legislative and administrative measures.

3. States Parties shall ensure that the institutions, services

and facilities responsible for the care or protection of

children shall conform with the standards established by

competent authorities, particularly in the areas of safety,

health, in the number and suitability of their staff, as well

as competent supervision.

***

Article 7

1. The child shall be registered immediately after birth and

shall have the right from birth to a name, the right to

acquire a nationality and as far as possible, the right to

know and be cared for by his or her parents.

***

W.P. (C) No.950 of 2022 Page 10 of 16

Article 24

1. States Parties recognize the right of the child to the

enjoyment of the highest attainable standard of health and

to facilities for the treatment of illness and rehabilitation

of health. States Parties shall strive to ensure that no child

is deprived of his or her right of access to such health care

services.

2. States Parties shall pursue full implementation of this

right and, in particular, shall take appropriate measures:

(a) To diminish infant and child mortality;

***

(e) To ensure that all segments of society, in

particular parents and children, are

informed, have access to education and are

supported in the use of basic knowledge of

child health and nutrition, the advantages

of breast-feeding, hygiene and

environmental sanitation and the

prevention of accidents;

*** ”

16. 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 of India. 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 breast-

feeding in public places and at workplaces is not stigmatized.

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17. We are conscious of the fact that we have not issued notices

to the respondents/State Governments/Union Territories.

However, we are satisfied that a communication has been

addressed by the Secretary, Ministry of Women and Child

Development, Government of India dated 27.02.2024

incorporating, inter alia, the prayer(s) sought for by the petitioner

herein. For ease of reference, the said communication is

extracted as under-

“D.O.No.02/4/2024-Mission Shakti

27

th February, 2024

Dear Secretary,

I am writing to underscore the need to create Gender

Friendly Spaces in public places that is of paramount

importance for ensuring the well-being and taking good

care of the needs of working women within and outside the

office premises. This becomes incumbent as the country

aspires to become a developed nation by the year we

celebrate 100 years of India’s Independence in 2047, that

is not possible unless increased and meaningful

participation of women in the workforce is ensured.

2. I would like to highlight here that due to a slew of

measures taken by the Government in the past 5 years,

the Female Labour Force Participation Rate in India has

increased from 23.3% to 37.0%. The World Bank

estimates that even if half of the women in India can join

the workforce, the country can potentially boost its

economic growth by 1.5 percentage points, thus raising

India’s GDP to 9 percent per year. To achieve this, the

W.P. (C) No.950 of 2022 Page 12 of 16

barriers to women’s workforce participation have to be

addressed sooner than later.

3. To continue the existing efforts of the Government of

India through adoption of a comprehensive whole of

government approach, such as the Palna Scheme

(Anganwadi-cum-Creches), providing free day care and

creche facilities for working women in urban areas, the

recent joint advisory issued by Ministry of Women and

Child Development with Ministry of Labour and

Employment and also another advisory with Ministry of

Road Transport and Highways to employers for promoting

women’s workforce participation as well as expansive

legislative frameworks such as the POSH Act, 2013, the

Ministry seeks your support in creating gender-friendly

spaces in workplaces of Ministries/Departments along

with their affiliated institutions, PSUs and infrastructure

to promote women’s workforce participation. An indicative

list of activities is outlined below:

i. The installation of Sanitary Pad vending

machines and incinerators in washrooms

addresses the fundamental menstrual

hygiene needs of female employees.

ii. Allocating space for feeding rooms,

restrooms and yoga rooms. These facilities

cater to the physical and mental health needs

of female employees that will also ensure

compliance of the provisions of the Maternity

Benefit (Amendment) Act, 2017. This Act

mandates support for women during their

post-delivery period.

iii. Incorporating at least one creche facilities

in every public building having 50 or more

female employees to support working

mothers, promoting gender equality and

facilitating the retention and advancement of

talented female professionals.

W.P. (C) No.950 of 2022 Page 13 of 16

4. This may entail expenditure and many people may

not find it of that much importance, but investing in these

essential facilities will certainly have a long-lasting impact

on the well-being and productivity of females engaged in

the workforce. By creating a supportive and inclusive

workplace, we not only comply with legal standards but

also encourage women's full and meaningful participation,

contributing significantly to the growth and success of the

country. Similarly, in case of bus-stations, schools,

colleges and universities, places of worship, etc. provision

should be made for sanitary pad vending machines,

feeding rooms etc. at all conspicuous locations depending

on the footfall of women and girls.

5. I shall be grateful if you could kindly take necessary

steps in earnest and formulate a time-bound action plan

to implement all these far-reaching measures in your

Departments and other offices in the run up to next

International Women's Day on 8th March, 2024. It would

be appreciable if some measures, e.g., installation of

sanitary napkin vending machines are done immediately.

6 I would be happy to know the action taken by you

in this regard and would be delighted if you could share

some good practices if they have already been

implemented in your Departments or other Offices.

With regards,

Yours sincerely

(Indevar Pandey)

Chief Secretary/ Administrator of all States/ UTs.”

18. On a perusal of the same, we find that the advice for setting

up of the aforesaid facilities at public places is for the purpose of

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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 infants.

19. We find that the said advisory which has been issued by the

Central Government is in accordance with the fundamental rights

enshrined under Articles 14 and 15(3) of the Constitution of India.

We therefore, direct respondent no.1/Union of India to incorporate

the aforesaid advisory in the form of a reminder communication to

the Chief Secretary/Administrator of all State Governments/

Union Territories along with a copy of this order so that the

States/Union Territories would comply with the aforesaid advisory

issued, which would facilitate women, who are nursing infants

particularly in public places.

20. We observe that in the existing public places as far as

practicable, the States/Union Territories should ensure that the

aforesaid directions are given effect to.

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21. Insofar as the public buildings which are at the stage of

planning and construction, it may ensure that sufficient space is

reserved for the purposes, referred to above, in the form of child-

care/nursing rooms.

22. In addition, the Union of India may issue further advisories

to the State Governments/Union Territories to communicate to

all the Public Sector Undertakings through the Chief

Secretaries/Secretary, Department of Women and Child Welfare,

to set apart separate rooms/accommodation for child

care/feeding & 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.

23. Respondent No.1/Union of India shall comply with the

aforesaid direction(s) within a period of two weeks from the date

of receipt of this order.

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The Writ Petition is disposed of in the aforesaid terms.

…………………………………………J .

(B.V. NAGARATHNA )

….………………………………………J.

(PRASANNA B. VARALE]

NEW DELHI

FEBRUARY 19, 2025