Providing Breastfeeding Facilities is the Government’s Responsibility: Supreme Court

Mothers Have an Inherent Right to Breastfeed Their Children, Court Emphasizes
The Supreme Court of India has ruled that a mother’s right to breastfeed her child is fundamental and is inseparably linked with her dignity and bodily autonomy. Consequently, the government is responsible for ensuring an adequate environment and necessary facilities to help mothers breastfeed their infants.

Legal Basis of the Judgment
The ruling aligns with:
•    Article 21 of the Indian Constitution, which guarantees the right to life and dignity.
•    The Juvenile Justice (Care and Protection of Children) Act, 2015, which upholds the best interests of the child.
•    International laws protecting the rights of children and mothers.

Supreme Court’s Directives
•    Public buildings must have designated breastfeeding/nursing rooms and crèche facilities.
•    On February 27, 2024, the Court directed the Labour and Employment Ministry, along with the Women and Child Development Ministry, to ensure that state governments and Union Territories (UTs) comply with this mandate.
•    Buildings employing 50 or more female workers must have at least one dedicated breastfeeding or nursing room.

Constitutional Interpretation
•    The Court referenced Articles 14 and 15(3) of the Constitution, which support equal rights and special provisions for the welfare of women and children.
•    The judgment mandates state and central governments to issue clear guidelines for setting up breastfeeding-friendly spaces in all public places.

Impact of the Ruling

•    Better workplace policies for working mothers.
•    Increased awareness about breastfeeding rights as a legal and social priority.
•    A more child-friendly environment in public infrastructure.
This landmark ruling strengthens the rights of mothers and children, ensuring that every child has access to proper nourishment and care.