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:
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 – Breastfeeding: 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 breastfeeding. [Paras 13, 15] 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]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Raghav Bhatia, Hony. Associate Editor (Verified by: Kanu Agrawal, Adv.). Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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