Supreme Court Advocates for Childcare and Feeding Rooms in Public Spaces

Supreme Court Advocates for Childcare and Feeding Rooms in Public Spaces

The Supreme Court of India has suggested that the Union Government develop a comprehensive policy addressing the construction of feeding rooms and childcare facilities in public places. This move aims to ensure that nursing mothers and their children can access basic amenities in a dignified and private manner, reinforcing their fundamental rights under the Indian Constitution.

SC Encourages Policy Formulation

A bench comprising Justice BV Nagarathna and Justice N Kotiswar Singh highlighted the absence of a structured framework to address this pressing issue. The court advised the Centre to propose a policy that could then be implemented across the states, scheduling the next hearing for December 10, 2024.  

The apex court emphasized that before issuing formal directions, it was crucial to understand the Centre’s perspective on implementing the petitioner’s demand for childcare and feeding rooms in public spaces.

Petition by NGO Maatr Sparsh

The case originated from a petition filed by Maatr Sparsh, an initiative by the Avyaan Foundation, through advocates Neha Rastogi, Animesh Rastogi, and Abhimanue Shrestha. The NGO advocates for the establishment of feeding rooms, childcare spaces, and creches in public areas, asserting their importance in modern India, where women are increasingly participating in economic activities.  

The petition argues that facilities like feeding rooms are essential for protecting the dignity and privacy of women while ensuring proper care for infants.  

Fundamental Rights and Legislative Framework  

The petitioner highlighted the constitutional provisions that underscore the necessity of such facilities:  

- Right to Life and Privacy (Article 21): Essential for safeguarding the dignity of women.  

- Directive Principles (Articles 42 and 47): Mandate the state to improve nutrition, public health, and living standards for women and children.  

The petition also noted that existing labor laws provide for creche facilities in workplaces, reflecting a recognition of the fundamental right to proper childcare and nutrition.

The Gap in Public Infrastructure  

The petition highlighted a significant legislative and infrastructural void concerning nursing facilities in public spaces. Despite the recognized rights of mothers and children, little action has been taken to provide feeding and childcare rooms in public areas such as:  

- Transportation hubs (bus stands, railway stations, airports)  

- Parks and recreational areas  

- Malls and marketplaces  

The absence of such facilities forces many women to compromise on their privacy and dignity, often deterring them from participating fully in public and economic life.  

ASG’s Submission 

Additional Solicitor General Aishwarya Bhati, representing the Union Government, acknowledged the lack of an existing policy or law addressing this need. Bhati stated that the Ministry of Health and Family Welfare would coordinate with states and Union Territories to draft comprehensive action plans for implementing the Menstrual Hygiene Policy and ensuring better facilities for women and children.

Key Issues Raised by the Petition 

The petitioner underscored several concerns, including:  

1. Data Accuracy: Allegations of inconsistencies in government data on existing facilities, which may undermine policy effectiveness.  

2. Ground Realities: Reports from District Damoh, Madhya Pradesh, revealed a lack of basic amenities like peons, housekeeping staff, and sanitary provisions in government middle schools.  

3. Public Awareness: The need for sustained awareness campaigns to reduce stigma and ensure better acceptance of breastfeeding and childcare in public settings.  

Call for Comprehensive Guidelines  

The petitioner proposed a three-stage approach to address the issue effectively:  

1. Awareness Campaigns: Educate the public about the importance of breastfeeding and break taboos surrounding it.  

2. Infrastructure Development: Ensure public spaces are equipped with feeding rooms and childcare facilities.  

3. Waste Management: Establish sanitary and eco-friendly methods for managing menstrual and childcare-related waste.

The petition emphasized that these facilities should not only support mothers but also empower them to lead dignified, fulfilling lives without facing societal stigma.

The Larger Picture

This case highlights the interplay between constitutional rights, public policy, and gender equality. The inability to provide basic amenities for women and children in public spaces reflects broader challenges in achieving equitable development.  

Ensuring such facilities aligns with India’s commitment to:  

- Sustainable Development Goals (SDG 3 and 5): Good health and well-being, and gender equality.  

- Public Health Improvements: Enhancing maternal and child health outcomes.  

The Way Forward

The Supreme Court’s intervention underscores the urgency of creating inclusive public spaces. As women increasingly participate in India’s workforce and public life, addressing their fundamental needs is not just a matter of convenience but a constitutional obligation.  

The court’s decision to nudge the Centre towards policy formulation is a step in the right direction. The onus now lies on the government to draft and implement robust guidelines ensuring every public space in India is mother-and-child-friendly.