Maatr Sparsh (An Initiative by Avyaan Foundation) v. Union of India
Background
An NGO, formed after one of its founders faced difficulty finding a place to breastfeed her child in public, filed a public interest writ petition seeking directions to the Union and State Governments to build feeding rooms and child-care facilities at public places across the country. The petitioner pointed to an earlier, similar case before the Delhi High Court in which the Union Government had already recognised such facilities as essential and had written to States and Union Territories asking them to set these up, and also pointed out that the Central Government had issued advisories on the subject.
Decision Breakdown
The Supreme Court found that the Central Government's existing advisory on providing nursing and feeding facilities aligned with the constitutional guarantees of equality (Article 14) and special provisions for women and children (Article 15(3)). It directed the Union of India to formally re-circulate that advisory, along with a copy of the Court's order, to the Chief Secretaries/Administrators of all States and Union Territories so they comply with it. The Court further directed that, wherever practicable, existing public places should implement these facilities, and that new public buildings under planning or construction should reserve space for child-care and nursing rooms. The Union was also asked to prompt Public Sector Undertakings to set aside such spaces, with compliance to be reported within two weeks.
Lesson Learnt
Courts can convert a government's own non-binding advisories into enforceable directions when they serve constitutional guarantees: here, the right of nursing mothers to privacy and dignity, and the right of infants to be fed, in public spaces.