New Delhi: The Supreme Court on Wednesday emphasized the need for dedicated child care and infant feeding spaces in public buildings, directing states to ensure such facilities are made available.

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

The court further stated that, where feasible, state governments should incorporate such 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 plea seeking directives for the construction of feeding rooms, childcare spaces, or other facilities for infants and mothers in public areas.

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

Acknowledging that no formal notice had been issued to states and UTs, the bench expressed satisfaction that the secretary’s communication addressed the concerns 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.

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