Supreme Court Directs Centre To Come Out With Policy on Constructing Feeding Rooms, Childcare Rooms in Public Places; Says ‘Formulate Plan so That States Can Implement the Same’

New Delhi, November 19: The Supreme Court on Tuesday suggested the Centre to come out with a policy relating to the construction of feeding rooms and childcare rooms in public places. A bench of justices BV Nagarathna and Justice N Kotiswar Singh asked the Centre to formulate a plan of action so that same be implemented by the state government and adjourned the matter for December 10 for further hearing.

The top court was hearing the petition seeking separate and exclusive space for child care and feeding of children in public places. The top court said that before passing any directions on the petition, it would be appropriate to get the views of the Centre with regard to the implementation of the demand urged by the petitioner. The top court noted that currently there is no concrete law or policy on the issue. Supreme Court's New Scheduling: Days After Justice Sanjiv Khanna Takes Charge as CJI, New Circular Says No Regular Hearing Matters on Wednesday, Thursday in Supreme Court.

Additional Solicitor General Aishwarya Bhati appearing for the Centre submitted that there is no policy or law in this regard yet. The petitioner, NGO Maatr Sparsh, an initiative by Avyaan Foundation, which works towards setting up of feeding rooms, child care rooms and creches in public places, filed the petition through advocates Neha Rastogi, Animesh Rastogi and Abhimanue Shrestha.

The petitioner had said that feeding rooms and child care rooms in all the public places are so much important in today's scenario when women's are equally participating in the economic growth of this nation and are stepping out in such a large numbers. "Therefore, basic facilities such as feeding rooms and child care rooms shall be provided at all public places so that women can lead her life with dignity and her privacy is also not infringed," the petitioner said. ‘Executive Cannot Become Judge’: Supreme Court Lays Down Guidelines To Curb Bulldozer Action, Says No Demolition Without Serving 15-Day Prior Notice.

"That right to life and privacy are inalienable and inseparable and integral part of the Constitution of India as enshrined in part III of the Constitution of India. That there are various provisions in Labour laws for setting up of creche and other facilities for women and child this clearly show that the right to have proper nursing of a child is his/her fundamental right and it is also recognized to be one of the most important rights," the petitioner said. However, nursing of a child with privacy and dignity is a fundamental right of every single women which is being infringed each time due to lack of basic facilities such as feeding room and child care rooms for women and child at public places, the petition said.

Union of India and states are well aware that feeding room and child care room at public places are essential services which they ought to provide. However, no concrete steps have been taken by them for providing such basic facilities at public places there needs to be comprehensive guidelines for setting of these facilities at all public places, the petition said. The petitioner assumes importance, as the child has the right to receive proper nutrition through nursing, so is the right of a mother to be able to feed the child, in an environment which is conducive to her dignity and privacy and in no manner impedes exercise of any of her rights.

"Article 42 and 47 of The Constitution of India casts a duty on the State, in the form of "directive principles of State policy", to take adequate and effective steps for betterment and improvement and to rise of the level of nutrition and the standard of living of its people and the improvement of public health of women and child. State is bound to take adequate measures to provide health care, opportunities and social standing of women and child," the petition said. Hence, the petitioner has sought to issue direction to all Respondents to act and construct feeding rooms and child care rooms etc. or any other facilities related to infants and mothers in public places and to ensure that the fundamental rights of nursing mothers and infants are protected.

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