SC Directs States to Ensure Child Care, Infant Feeding Spaces in Public Buildings

SC Directs States to Ensure Child Care, Infant Feeding Spaces in Public Buildings

The Supreme Court on Wednesday emphasized the need for dedicated spaces in public buildings for child care and infant feeding, directing states to ensure the availability of such facilities. 

A bench comprising Justices B.V. Nagarathna and Prasanna B. Varale highlighted that establishing these spaces would safeguard mothers' privacy and benefit infants.  

The court further stated that, wherever feasible, state governments should take steps to provide these facilities in existing public spaces.

"In so far as public buildings which are at the stage of planning and construction at public places, the state governments may ensure that sufficient space is reserved for the purposes referred to above," said the bench.

The Supreme Court was hearing a petition requesting directives for the construction of feeding rooms, child care rooms, or other necessary facilities for infants and mothers in public spaces.  

The Centre's counsel informed the court that the Secretary of the Ministry of Women and Child Development had issued a communication on February 27, 2024, addressing the matter to the chief secretaries and administrators of all states and union territories (UTs).

The bench noted that no notice had been sent to states and UTs but was satisfied that the secretary's communication covered the issues raised in the plea.

"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 ensuring privacy and ease of discharging of duties of mothers who have young children and for the benefit of the infants," it added.

"We find that the said advice which has been issued by the central government is in accordance with the fundamental rights ensured under Articles 14 and 15 (3) of the Constitution," said the court.

The court directed the Centre to send a reminder to the chief secretaries and administrators of states and UTs, along with a copy of its order, to reinforce the advisory.  

The petitioner's counsel stated that if states followed the Centre’s February 27, 2024 advisory, it would fulfill the purpose of the plea.  

The bench disposed of the plea and instructed the Centre to comply with its order within two weeks.  

The petition had sought directions to protect the fundamental rights of nursing mothers and infants by ensuring dedicated spaces for child care and feeding in public buildings.  

Earlier, on November 19, 2024, the court noted that there seemed to be no clear law, rules, or notifications from the Centre on the matter.

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