New Delhi, Feb 19: The Supreme Court on Wednesday outlined the importance of separate spaces for child care and feeding of infants in public buildings and asked states to ensure such facilities were provided.
A bench of Justices B V Nagarathna and Prasanna B Varale said setting up such facilities would ensure privacy of mothers and prove beneficial for infants.
In existing public spaces, as far as practicable, the state governments may ensure such facilities were provided, added the court.
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“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 top court was hearing a plea seeking directions to construct feeding rooms, child care rooms or any other facilities for infants and mothers in public spaces.
The Centre’s counsel said the secretary of the Ministry of Women and Child Development on February 27, 2024, issued a communication on the issue to chief secretaries and administrators of all states and union territories (UT).
Saying it was conscious that it issued no notice to states and UTs, the bench expressed satisfaction over the secretary’s communication incorporating the prayers mentioned 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.
The bench said if the advice was acted upon by the states, it would go a long way in facilitating privacy to young mothers and infants at the time of feeding.
“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 incorporate the advisory in the form of a reminder communication to the chief secretaries and administrators of the states and UTs along with a copy of its order.
The petitioner’s counsel said states complying with the advisory issued by the Centre on February 27, 2024, would serve the purpose of filing the plea.
The bench disposed of the plea and asked the Centre to comply with its direction within two weeks.
The plea sought a direction to the authorities to ensure the fundamental right of nursing mothers and infants were protected aside from dedicating exclusive spaces for child care and feeding in public buildings, etc.
The top court on November 19, 2024 observed at the moment, there appeared to be no concrete law including rules or notifications, issued by the Centre. (PTI)
