Supreme Court of India
MAATR SPARSH AN INITIATIVE BY AVYAAN FOUNDATIONversusUNION OF INDIA & OTHERS
- Citation
- 2025 INSC 302
- Decided
- 19 February 2025
- Disposal
- Disposed off
Holding
The Court held that the right to breast‑feed is a fundamental right under Article 21, imposing a State duty to provide facilities for nursing mothers, and directed the Union to ensure compliance with the advisory by reminding all State governments.
Summary
The NGO Avyaan Foundation filed a public‑interest writ seeking a mandamus directing the Union and State governments to construct feeding and child‑care rooms in public places for nursing mothers. The petition argued that lack of such facilities infringes the fundamental rights of mothers and children, invoking Article 21 and related constitutional provisions, as well as the National Food Security Act. The Court examined the constitutional duty to protect the right to breast‑feed, the directive principles under Articles 39(f) and 47, and international obligations under the UN Convention on the Rights of the Child. It held that the right to breast‑feed is integral to the child’s right to health and the mother’s dignity, imposing a State obligation to provide appropriate facilities. Accordingly, the Court directed the Union to issue a reminder to all State governments to implement the advisory dated 27‑02‑2024, but did not issue a direct mandamus, and disposed of the petition.
Issues considered
- Whether a writ of mandamus should be issued to the respondents to construct feeding rooms and child‑care facilities for nursing mothers in public places.
- Whether the fundamental rights of nursing mothers and infant children to breast‑feed are protected under the Constitution and require State action.
Legislation cited
- Constitution of Indias. Article 14, s. Article 15(3), s. Article 21, s. Article 39(f), s. Article 47, s. Article 51A(e)
- Juvenile Justice (Care and Protection of Children) Act, 2015
- National Food Security Act, 2013s. 5(a)
Headnote
Issue for Consideration 1. Whether a Writ of Mandamus should be issued to the Respondents to act and thereby construct feeding rooms and child care rooms, etc. or any other facilities related to infants and mothers at public places. 2. Whether a Writ of Mandamus Respondents to ensure that the fundamental rights of nursing women and infant children are protected. Headnotes† Child Rights – Rights of Nursing Mothers – Right to Life – Breast-feeding – National Food Security Act, 2013: Held: Breast-feeding is an integral
Subjects
Women’s RightsChild RightsRight to Breast-feed a child in public
Judgment
[2025] 2 S.C.R. 1772 : 2025 INSC 302
Maatr Sparsh An Initiative by Avyaan Foundation
v.
Union of India & Others
(Writ Petition (Civil) No. 950 of 2022)
19 February 2025
[B.V. Nagarathna and Prasanna B. Varale, JJ.]
Issue for Consideration
1. Whether a Writ of Mandamus should be issued to the
Respondents to act and thereby construct feeding rooms
and child care rooms, etc. or any other facilities related to
infants and mothers at public places.
2. Whether a Writ of Mandamus be issued to the Respondents
to ensure that the fundamental rights of nursing women and
infant children are protected.
Headnotes†
Child Rights – Rights of Nursing Mothers – Right to Life –
Breast-feeding – National Food Security Act, 2013:
Held: Breast-feeding is an integral component of a child’s right to
life, survival, and development to the highest attainable standard
of health – It is an integral part of a woman’s reproductive process
and is essential for the health and well-being of both mother
and the child – Experts recommend that children be exclusively
breast-fed for the first six months of their life and from the age
of six months, children should commence consuming safe and
adequate complementary foods while continuing to be breast-fed
for up to two years of age or beyond – This view is also supported
by Section 5(a) of the National Food Security Act, 2013 – At the
same time, the health of infants cannot be analysed in isolation
without understanding the role played by women as mothers
and as contributors to the social and economic development of
the nation – A mother also has a right to breast-feed her child –
Therefore, the State has an obligation to also ensure adequate
facilities and environment to facilitate mothers to breast-feed their
children. [Paras 9, 10]
Women and Child Rights – Interlinked – Article 21 – Right to
Breast-feed a child, included:
[2025] 2 S.C.R. 1773
Maatr Sparsh An Initiative by Avyaan Foundation v.
Union of India & Others
Held: The State has the obligation to ensure adequate facilities
and environment to facilitate mothers to breast-feed their children –
Such a right and the obligation emanates from Article 21 of the
Constitution of India and the foundational principle of ‘the best
interest of the child’ as enshrined in international law as well as
the Juvenile Justice (Care and Protection of Children) Act, 2015 –
A communication has been addressed by the Secretary, Ministry
of Women and Child Development, Government of India dated
27.02.2024 incorporating, inter alia, the prayer(s) sought for by
the petitioner herein – The said advisory which has been issued
by the Central Government is in accordance with the fundamental
rights enshrined under Articles 14 and 15(3) of the Constitution of
India. [Paras 17, 19]
Women and Child Rights – Directive Principles of State Policy –
Right to Breast-feed a child, included:
Held: Article 39(f) of the Constitution of India requires the State
to direct its policy towards the healthy development of children –
According to Article 47 of the Constitution of India, the State also has
a duty to raise the level of nutrition and the standard of living of its
people – It would not be wrong at this instance to remind the citizens
of this nation of their duty to “renounce practices derogatory to the
dignity of women”, as enshrined in Article 51A(e) of the Constitution
of India – Over and above the duty of the State to facilitate the
exercise of the right of nursing mothers to breast-feed their children,
the citizens must ensure that the practice of breast-feeding in public
places and at workplaces is not stigmatized. [Paras 11, 12, 16]
International Law – Women’s Rights – Child Rights – Breast-
feeding:
Held: Article 25(2) of the Universal Declaration of Human Rights
provides Motherhood and childhood are entitled to special care
and assistance, and all children are entitled to same social
protection – As per the United Nations Convention on the Rights
of the Child, the states should act in the best interests of the child
and the children shall have the right to know and be cared for by
his or her parents – Furthermore, the States recognize the right of
child to the enjoyment of highest attainable standard of health, and
take appropriate measures to ensure all segments of society are
informed, have access to education and are supported in the use
of basic knowledge, among others, of the advantages of breast-
feeding. [Paras 13, 15]
1774 [2025] 2 S.C.R.
Supreme Court Reports
The Joint Statement dated 17.11.2016 by the UN Special
Rapporteurs on the Right to Food, Right to Health, the Working
Group on Discrimination against Women in law and in practise, and
the Committee on the Rights of the Child in support of increased
efforts to promote, support and protect breast-feeding, highlight
that breast-feeding helps infants and young children thrive and
survive – That it is safe, clean, and contains anti-bodies which
help protect against many illnesses. [Para 14]
Direction to the Union Government to send a reminder communication
to the Chief Secretary/Administrator of all the State Governments/
Union Territories along with a copy of the Order so that the States/
Union territories would comply with the advisory dated 27.02.2024
issued by the Secretary, Ministry of Women and Child Development,
Government of India – Union of India may issue further advisories
to the State Governments/Union Territories to communicate to all
the Public Sector Undertakings through the Chief Secretaries/
Secretary, Department of Women and Child Welfare, to set apart
separate rooms/accommodation for child care/feeding & nursing
of infants by mothers. [Paras 19, 22]
List of Acts
Constitution of India, 1950; National Food Security Act, 2013;
Juvenile Justice (Care and Protection of Children) Act, 2015.
List of Keywords
Women’s Rights; Child Rights; Right to Breast-feed a child in public.
Case Arising From
CIVIL ORIGINAL JURISDICTION: Writ Petition (Civil) No. 950
of 2022
(Under Article 32 of The Constitution of India)
Appearances for Parties
Advs. for the Petitioner:
Animesh Rastogi, Ms. Neha Rastogi, Abhimanue Shrestha.
Advs. for the Respondents:
Ms. Aishwarya Bhati, K.M.Nataraj, A.S.Gs., Sharath Nambiar,
Sanjay Kumar Tyagi, Sridhar Potaraju, Shivika Mehra, Ms. B.L.N.
Shivani, Dr. N. Visakamurthy, Manish Kumar, Divyansh Mishra.
[2025] 2 S.C.R. 1775
Maatr Sparsh An Initiative by Avyaan Foundation v.
Union of India & Others
Judgment / Order of the Supreme Court
Order
The petitioner herein, which is a non-Governmental organization, has
filed this writ petition in public interest seeking the following reliefs:
“a. Issue a Writ, Order, or Direction in the nature of
Mandamus to all Respondents to act and construct feeding
rooms and child care rooms etc. or any other facilities
related to infants and mothers at public places;
b. Issue a Writ, Order, or Direction in the nature of Mandamus
to all Respondents to ensure that the fundamental right of
nursing mother and infants are protected;
c. Pass such other orders as may be deemed fit in the
facts and circumstances of this case.”
2. We have heard learned counsel for the petitioner and learned
counsel appearing for the respondent no.1/Union of India. Notice to
respondent nos. 2 to 36 has not been issued in the matter.
Facts of the case:
3. According to the petitioner, it is an NGO formed with a view to
setting up feeding rooms, child care rooms and crèche at public
places with the help of Government and public support. That
one of its Directors, namely Advocate Neha Rastogi, realized the
impediments faced by nursing mothers when she gave birth to a
child. Her impediment was that she was afraid to go out in public
because of the lack of facilities for feeding her child at public places
and there was a sore need for breast-feeding rooms and child-care
in all public places.
Petitioner’s Submissions:
4. Learned counsel for the petitioner highlighted the importance of early
child-care and mother’s milk for a child, and submitted that depriving
any child of mother’s milk due to lack of basic facilities at public
places infringes the fundamental right of a child and the mother.
Learned counsel further submitted that in today’s scenario, where
women are equally participating in the growth of the nation and are
1776 [2025] 2 S.C.R.
Supreme Court Reports
stepping outside their homes in large numbers, it is imperative that
child-care facilities are available in the public spaces and premises.
He submitted that it was not their case that the governments have
not done anything in this regard; they highlighted different provisions
of law which require setting up of crèche facilities. However, the
submission was that no concrete steps have been taken by them
to provide such basic facilities at public places, and that nursing a
child in an environment which is conducive to a mother’s dignity
and privacy is a fundamental right. Learned counsel prayed that
specific guidelines and/or directions may be issued in respect of
construction of baby feeding rooms and child-care rooms at public
places throughout the country.
5. The learned counsel brought to our notice an earlier writ petition filed
by the director of the petitioner NGO before the Delhi High Court
titled Master Avyaan Rastogi through Guardian Neha Rastogi
vs. Union of India, WP (C) No.7356 of 2018. In that proceeding,
the Union of India had informed the High Court that it considered
feeding rooms and child-care rooms as essential services and that
it had written a letter dated 27.08.2018 to all States and Union
Territories requesting them to set up feeding rooms and child-care
rooms for women and children. The Delhi High Court, vide order dated
06.11.2019, disposed of the petition directing the respondents therein
to maintain the feeding rooms which have been made operational so
far and it noted that it expects more such feeding rooms/changing
rooms to be made operational.
6. During the course of submission, learned counsel for respondent no.1/
Union of India, with reference to their affidavit, drew our attention to
communication dated 27.02.2024 issued by the Secretary, Ministry
of Women and Child Development, Government of India to the Chief
Secretary/Administrator of all States/Union Territories, inter alia, in
the context of the relief(s) sought for by the petitioner herein. It was
submitted that the State Governments/Union Territories would have
to comply with the advisory in the form of recommendation issued
by the Central Government having regard to Articles 14 and 15(3)
of the Constitution of India.
7. Learned counsel for the petitioner submitted that if the State
Governments/Union Territories comply with the advisory issued on
27.02.2024, the purpose of filing this writ petition would be fulfilled.
[2025] 2 S.C.R. 1777
Maatr Sparsh An Initiative by Avyaan Foundation v.
Union of India & Others
8. Learned counsel for respondent no.1/Union of India further submitted
that a direction may be issued in this regard to the State Governments/
Union Territories.
9. In this regard, it is relevant here to discuss the importance of
breast-feeding for a child and the rights of nursing mothers. Breast-
feeding is an integral component of a child’s right to life, survival,
and development to the highest attainable standard of health. It is
an integral part of a woman’s reproductive process and is essential
for the health and well-being of both mother and the child. Experts
recommend that children be exclusively breast-fed for the first six
months of their life and from the age of six months, children should
commence consuming safe and adequate complementary foods while
continuing to be breast-fed for up to two years of age or beyond.
This view is also supported by Section 5(a) of the National Food
Security Act, 2013.
10. Further, the health of infants cannot be viewed in isolation. Rather,
it has to be seen as being linked with the status of women and
their roles as mothers and as contributors to social and economic
development of the nation. As the right of a child to be breast-
fed is inextricably linked with the mother, she also has the right
to breast-feed her child. Consequently, this means that the State
has the obligation to ensure adequate facilities and environment
to facilitate mothers to breast-feed their children. Such a right and
the obligation emanate from Article 21 of the Constitution of India
and the foundational principle of ‘the best interest of the child’ as
enshrined in international law as well as the Juvenile Justice (Care
and Protection of Children) Act, 2015.
11. Further, Article 39(f) of the Constitution of India requires the State
to direct its policy towards the healthy development of children. It
provides thus:
“39. Certain principles of policy to be followed by the State.
The State shall, in particular, direct its policy towards
securing –
***
(f) that children are given opportunities and facilities to
develop in a healthy manner and in conditions of freedom
1778 [2025] 2 S.C.R.
Supreme Court Reports
and dignity and that childhood and youth are protected
against exploitation and against moral and material
abandonment.”
12. The State also has a duty to raise the level of nutrition and the standard
of living of its people. In this regard, Article 47 of the Constitution of
India provides as follows:
“47. Duty of the State to raise the level of nutrition and the
standard of living and to improve public health.
The State shall regard the raising of the level of
nutrition and the standard of living of its people and the
improvement of public health as among its primary duties
and, in particular, the State shall endeavour to bring
about prohibition of the consumption except for medicinal
purposes of intoxicating drinks and of drugs which are
injurious to health.”
13. At the international level, Article 25(2) of the Universal Declaration
of Human Rights provides as follows:
“Article 25
2. Motherhood and childhood are entitled to special care
and assistance. All children, whether born in or out of
wedlock, shall enjoy the same social protection.”
14. The Joint Statement dated 17.11.2016 by the UN Special Rapporteurs
on the Right to Food, Right to Health, the Working Group on
Discrimination against Women in law and in practice, and the
Committee on the Rights of the Child in support of increased efforts
to promote, support and protect breast-feeding, highlight that breast-
feeding helps infants and young children thrive and survive; that it
is safe, clean, and contains anti-bodies which help protect against
many illnesses. It notes that, if breast-feeding is increased to near
universal levels, it could save more than 8,20,000 lives every year. It
raises concern over stigmatization regarding breast-feeding in public
places and at workplaces as it exposed women to unnecessary
stress, pressure or intimidation. As regards the obligation of States,
it noted as follows:
“We remind States of their obligations under relevant
international human rights treaties to provide all necessary
[2025] 2 S.C.R. 1779
Maatr Sparsh An Initiative by Avyaan Foundation v.
Union of India & Others
support and protection to mothers and their infants and
young children to facilitate optimal feeding practices. States
should take all necessary measures to protect, promote,
and support breast-feeding, and end the inappropriate
promotion of breast-milk substitutes and other foods
intended for infants and young children up to the age of
3 years.
***
States should prevent and protect from discrimination,
including exclusion from public space, linked to breast-
feeding. In addition, States should ensure that women
can benefit from adequate maternity protection in the
workplace, including through the promotion of policies
that support nursing mothers.”
15. Additionally, it is worthwhile to reproduce relevant portions of the
United Nations Convention on the Rights of the Child (“UNCRC”)
as follows:
“Article 3
1. In all actions concerning children, whether undertaken
by public or private social welfare institutions, courts of
law, administrative authorities or legislative bodies, the
best interests of the child shall be a primary consideration.
2. States Parties undertake to ensure the child such
protection and care as is necessary for his or her well-
being, taking into account the rights and duties of his or
her parents, legal guardians, or other individuals legally
responsible for him or her, and, to this end, shall take all
appropriate legislative and administrative measures.
3. States Parties shall ensure that the institutions, services
and facilities responsible for the care or protection of
children shall conform with the standards established by
competent authorities, particularly in the areas of safety,
health, in the number and suitability of their staff, as well
as competent supervision.
***
1780 [2025] 2 S.C.R.
Supreme Court Reports
Article 7
1. The child shall be registered immediately after birth
and shall have the right from birth to a name, the right to
acquire a nationality and as far as possible, the right to
know and be cared for by his or her parents.
***
Article 24
1. States Parties recognize the right of the child to the
enjoyment of the highest attainable standard of health and
to facilities for the treatment of illness and rehabilitation of
health. States Parties shall strive to ensure that no child
is deprived of his or her right of access to such health
care services.
2. States Parties shall pursue full implementation of this
right and, in particular, shall take appropriate measures:
(a) To diminish infant and child mortality;
***
(e) To ensure that all segments of society, in
particular parents and children, are informed,
have access to education and are supported
in the use of basic knowledge of child health
and nutrition, the advantages of breast-feeding,
hygiene and environmental sanitation and the
prevention of accidents;
*** ”
16. It would not be wrong at this instance to remind the citizens of this
nation of their duty to “renounce practices derogatory to the dignity
of women”, as enshrined in Article 51A(e) of the Constitution of India.
Over and above the duty of the State to facilitate the exercise of the
right of nursing mothers to breast-feed their children, the citizens
must ensure that the practice of breast-feeding in public places and
at workplaces is not stigmatized.
17. We are conscious of the fact that we have not issued notices to the
respondents/State Governments/Union Territories. However, we are
satisfied that a communication has been addressed by the Secretary,
[2025] 2 S.C.R. 1781
Maatr Sparsh An Initiative by Avyaan Foundation v.
Union of India & Others
Ministry of Women and Child Development, Government of India
dated 27.02.2024 incorporating, inter alia, the prayer(s) sought for by
the petitioner herein. For ease of reference, the said communication
is extracted as under-
“D.O.No.02/4/2024-Mission Shakti
27th February, 2024
Dear Secretary,
I am writing to underscore the need to create Gender
Friendly Spaces in public places that is of paramount
importance for ensuring the well-being and taking good
care of the needs of working women within and outside the
office premises. This becomes incumbent as the country
aspires to become a developed nation by the year we
celebrate 100 years of India’s Independence in 2047, that is
not possible unless increased and meaningful participation
of women in the workforce is ensured.
2. I would like to highlight here that due to a slew of
measures taken by the Government in the past 5 years,
the Female Labour Force Participation Rate in India
has increased from 23.3% to 37.0%. The World Bank
estimates that even if half of the women in India can
join the workforce, the country can potentially boost its
economic growth by 1.5 percentage points, thus raising
India’s GDP to 9 percent per year. To achieve this, the
barriers to women’s workforce participation have to be
addressed sooner than later.
3. To continue the existing efforts of the Government
of India through adoption of a comprehensive whole
of government approach, such as the Palna Scheme
(Anganwadi-cum-Creches), providing free day care and
creche facilities for working women in urban areas, the
recent joint advisory issued by Ministry of Women and Child
Development with Ministry of Labour and Employment and
also another advisory with Ministry of Road Transport and
Highways to employers for promoting women’s workforce
participation as well as expansive legislative frameworks
such as the POSH Act, 2013, the Ministry seeks your
support in creating gender-friendly spaces in workplaces
1782 [2025] 2 S.C.R.
Supreme Court Reports
of Ministries/Departments along with their affiliated
institutions, PSUs and infrastructure to promote women’s
workforce participation. An indicative list of activities is
outlined below:
i. The installation of Sanitary Pad vending
machines and incinerators in washrooms
addresses the fundamental menstrual hygiene
needs of female employees.
ii. Allocating space for feeding rooms, restrooms
and yoga rooms. These facilities cater to the
physical and mental health needs of female
employees that will also ensure compliance
of the provisions of the Maternity Benefit
(Amendment) Act, 2017. This Act mandates
support for women during their post-delivery
period.
iii. Incorporating at least one creche facilities
in every public building having 50 or more
female employees to support working mothers,
promoting gender equality and facilitating the
retention and advancement of talented female
professionals.
4. This may entail expenditure and many people may
not find it of that much importance, but investing in these
essential facilities will certainly have a long-lasting impact
on the well-being and productivity of females engaged
in the workforce. By creating a supportive and inclusive
workplace, we not only comply with legal standards but
also encourage women’s full and meaningful participation,
contributing significantly to the growth and success of the
country. Similarly, in case of bus-stations, schools, colleges
and universities, places of worship, etc. provision should be
made for sanitary pad vending machines, feeding rooms
etc. at all conspicuous locations depending on the footfall
of women and girls.
5. I shall be grateful if you could kindly take necessary
steps in earnest and formulate a time-bound action plan
to implement all these far-reaching measures in your
[2025] 2 S.C.R. 1783
Maatr Sparsh An Initiative by Avyaan Foundation v.
Union of India & Others
Departments and other offices in the run up to next
International Women’s Day on 8th March, 2024. It would
be appreciable if some measures, e.g., installation of
sanitary napkin vending machines are done immediately.
6 I would be happy to know the action taken by you in this
regard and would be delighted if you could share some
good practices if they have already been implemented in
your Departments or other Offices.
With regards,
Yours sincerely
(Indevar Pandey)
Chief Secretary/ Administrator of all States/ UTs.”
18. 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 comfort of nursing mothers, who have infants, and
for the benefit of infants. The above, if acted upon by the State
Governments/Union Territories, would go a long way in facilitating
nursing mothers and infants so that their privacy is ensured at the
time of feeding the infants.
19. We find that the said advisory which has been issued by the Central
Government is in accordance with the fundamental rights enshrined
under Articles 14 and 15(3) of the Constitution of India. We therefore,
direct respondent no.1/Union of India to incorporate the aforesaid
advisory in the form of a reminder communication to the Chief
Secretary/Administrator of all State Governments/ Union Territories
along with a copy of this order so that the States/Union Territories
would comply with the aforesaid advisory issued, which would facilitate
women, who are nursing infants particularly in public places.
20. We observe that in the existing public places as far as practicable, the
States/Union Territories should ensure that the aforesaid directions
are given effect to.
21. Insofar as the public buildings which are at the stage of planning and
construction, it may ensure that sufficient space is reserved for the
purposes, referred to above, in the form of child-care/nursing rooms.
22. In addition, the Union of India may issue further advisories to the
State Governments/Union Territories to communicate to all the
1784 [2025] 2 S.C.R.
Supreme Court Reports
Public Sector Undertakings through the Chief Secretaries/Secretary,
Department of Women and Child Welfare, to set apart separate
rooms/accommodation for child care/feeding & nursing of infants
by mothers. If such advisories are issued by the Union of India to
the State Governments/Union Territories, we are confident that the
same will be construed in the spirit of Articles 14 and 15 (3) of the
Constitution of India and in the light of right to privacy of nursing
mothers and for welfare of the infants.
23. Respondent No.1/Union of India shall comply with the aforesaid
direction(s) within a period of two weeks from the date of receipt of
this order.
The Writ Petition is disposed of in the aforesaid terms.
Result of the case: Writ Petition disposed of.
†
Headnotes prepared by: Raghav Bhatia, Hony. Associate Editor
(Verified by: Kanu Agrawal, Adv.)
Search Indian case law
Ask in plain English, not just keywords. 25,000 AI words free, no card.
Try "Women’s Rights"Sign in to search