On November 19, the Supreme Court of India gave the Union Government one final opportunity to file an affidavit outlining an action plan for the implementation of feeding and child care rooms in public spaces and buildings. The issue was raised in a public interest litigation filed by the Maatr Sparsh NGO, which seeks to ensure the creation of exclusive spaces for feeding and child care in public buildings and areas.
The case was heard by a bench comprising Justices B.V. Nagarathna and N.K. Singh, who were informed by Advocate Animesh Rastogi, representing the petitioner, about the necessity of separate and dedicated spaces for the feeding and care of children. The petition specifically seeks these facilities in public spaces such as airports, railway stations, bus stations, and government buildings. The petition highlights the importance of such spaces to ensure the well-being of children and mothers in public spaces.
At the outset of the hearing, the Supreme Court expressed its willingness to issue directions to the Union Ministry of Women & Child Development to implement the provision of child care and feeding rooms in public spaces. However, the Court also noted that the States and Union Territories had not been made parties to the petition, which could complicate the implementation of such a plan.
Justice Nagarathna suggested that the Union Government should ensure that new buildings constructed in the future include spaces for feeding and child care in their design plans. She added that for existing buildings, provisions should be made to create spaces that serve this purpose. She emphasized the need for practical implementation, particularly in public spaces where large numbers of people gather, such as transportation hubs and government offices.
Additional Solicitor General (ASG) Aishwarya Bhati, representing the Union Government, responded by stating that the Union Government had issued advisories on the matter but that the legal framework on this issue remains unclear. The Court pointed out that no specific law was required to implement the directive as it was more a matter of executive action. Bhati clarified that the Maternity Benefit Act, 1961 (amended in 2017), mandates the provision of crèches for employees in organizations with 50 or more employees, but this law does not address the broader issue of public spaces.
Justice Nagarathna noted that while there is no explicit law addressing this issue in public spaces, the matter falls under the welfare of women and children, a domain under the Ministry of Women & Child Development. She suggested that the Union Government could issue a comprehensive action plan, which could then be adopted by the States and Union Territories. The Court also pointed out that some states, such as Karnataka, had already begun implementing such provisions in the planning of new buildings, such as courts, where child care rooms are now included.
Rastogi, the petitioner’s lawyer, highlighted that Delhi NCR had already issued guidelines related to the establishment of child care and feeding rooms, based on directions from the Delhi High Court. He expressed frustration over the Union Government’s delay in filing counter-affidavits and taking concrete steps towards implementation. Despite the passing of two years, Rastogi pointed out that there had been no real progress on the issue.
The Court acknowledged the petitioner’s concerns and expressed the need for swift action on this matter. Justice Nagarathna emphasized that the provisions for child care and feeding spaces should be included in the design and planning of new buildings, and existing structures should adapt where possible. She also noted that the Union Government should take immediate steps to coordinate with the States and Union Territories, ensuring that the provision of such spaces becomes a nationwide priority.
The case, titled Maatr Sparsh – An Initiative by Avyaan Foundation vs. Union of India and Others (W.P.(C) No. 950/2022, is significant because it highlights the lack of sufficient infrastructure in public spaces to cater to the needs of mothers and children. The Court’s direction to the Union Government to file an action plan offers a ray of hope for the realization of these much-needed facilities. With the government’s coordination, such provisions could eventually become standard in all new public buildings and retrofitted into older ones, enhancing the accessibility and well-being of women and children across the country.
