Recently, the Supreme Court of India has dealt with a landmark public interest litigation relating to feeding and childcare facilities in public places. The judgment delivered on November 19, 2024 throws open what needs to be done by the Union Government in the form of a clear action plan so that these necessary services are made available in public buildings.
Background
The writ petition was filed by the Maatr Sparsh NGO, which works for the cause of mothers and their children. According to the petition, there is no space in public areas for feeding and attending to infants, thus posing an adverse step for supporting families, particularly mothers who look after their infants during public events. The case came before a bench led by Justices B.V. Nagarathna and N.K. Singh were made. Singh expressed their intent to direct the Union Government to take actionable steps toward this aim.
Case Details
The case is officially captioned as Maatr Sparsh: An Initiative by Avyaan Foundation vs. Union of India and Ors., W.P.(C) No. 950/2022. In the course of the hearing, Advocate Animesh Rastogi appeared for the petitioner and submitted that a specific area in public buildings must be designated for breastfeeding as well as childcare. The Court recognised the value of such facilities and commented that it was ready to pass orders for their creation.
Justice Nagarathna observed that childcare provisions should also form part of construction for newer buildings at the planning stage. For the existing ones, she requested that enough space be accorded for such purposes. Discussion also brought out the fact that there are already some advisories from the Union Government concerning crèches, while, as of now, no specific legislation mandating such facilities exists in public spaces.
Additional Solicitor General Aishwarya Bhati pointed out that, notwithstanding such provisions in the Maternity Benefit Act, 1961, which were amended in 2017, there was no clear clarification of the legal regime regarding feeding and childcare rooms. She further said that the Court may to advise the Union to liaise with States and Union Territories and formulate an action plan.
This is a welfare concern related to women and children rather than health, so it should not be much of an issue to implement these provisions without requiring extensive judicial frames of reference. Additionally, she noted that existing models where such facilities are already in operation include those at airports and within some state judicial systems.
Rastogi emphasized that rules have already been set in places such as Delhi NCR, but he condemned the delay of the Union Government for the past two years to bring forth such regulations.
Conclusion
The decision of the Supreme Court highlights a fundamental requirement for organized planning and design implementation of feeding and childcare facilities in all public spaces in India. The court is looking forward to enhancing support for mothers and children and hence, the family’s welfare, by directing the Union Government to formulate an action plan. This case not only depicts the role of the judicial system towards public welfare but also portrays the fact that much more remains to be done to translate policymaking within governmental frameworks into practice. The final outcome depends on the Union’s response to this directive.
