Supreme Court mandates breastfeeding spaces in public areas

A historic win for mothers & infants

The Supreme Court of India has ruled in favour of designated breastfeeding spaces in public areas, ensuring dignity, equality, and better infrastructure for mothers while challenging the stigma around public breastfeeding.

In an historic and much-needed judgment, the Supreme Court of India has taken a bold step toward ensuring the dignity and rights of women and infants. In the case of Maatr Sparsh an Initiative by Avyaan Foundation versus Union of India & Others, the apex court has directed the Union and State governments to provide breastfeeding spaces in public areas, thus recognising the fundamental rights of both mothers and infants.

This landmark decision marks a significant shift in public policy and urban planning, emphasising gender sensitivity in infrastructure development.

In a country where motherhood is revered yet policed in various ways, breastfeeding in public has long been a contentious issue. Women who breastfeed their infants outside their homes are often subjected to judgment, moral policing, and even outright hostility. While breastfeeding is an essential biological act, it is still seen as inappropriate in public spaces, reinforcing the cultural contradiction in India’s perspective on womanhood and motherhood.

“I remember once, at a bus stop, my baby was crying uncontrollably, and I had no choice but to feed him. The stares, the whispers, and even the outright glares made me feel so uncomfortable. It felt like I was doing something wrong when all I was doing was feeding my child,” Rekha Sharma, 32-year-old House wife from Lajpat Nagar in South Delhi, tells Media India Group.

This discomfort is deeply rooted in patriarchal notions that view women’s bodies through the lens of male gaze and morality rather than function and autonomy.

“We women are often asked to cover up, vacate spaces, or use restrooms spaces meant for sanitation, not for feeding infants,” Sharma adds.

With the Supreme Court’s ruling, gender-sensitive urban planning has gained long-overdue attention. The judgment aligns with constitutional provisions, particularly Article 21, which guarantees the right to life and personal liberty, extending to a child’s right to adequate nutrition and care. Moreover, Article 15(3) empowers the State to make special provisions in favour of women and children, reinforcing the need for gender-inclusive public infrastructure.

The lack of dedicated breastfeeding spaces in public areas is evident. A 2022 study by the National Commission for Protection of Child Rights (NCPCR) found that less than 10 pc of public places in India had designated breastfeeding rooms. The study highlighted the grim reality for millions of women who, when travelling for work or emergencies, struggle to find a hygienic and dignified place to feed their infants. The challenge is specially serious for daily wage workers in public areas or women running street food stalls and in other street markets.

“I work for long hours, and I bring my baby with me because I have no other choice. When he starts crying out of hunger, I feel helpless. I look around for a place, any place, where I can breastfeed him without feeling as I am being judged. Most times, I have to sneak behind a shop or crouch in some hidden corner just to feed my own child. People walk past, throwing disapproving glances, some even muttering under their breath, as if I am committing some kind of crime. It is humiliating, but what can I do? This judgment gives me hope that things might change for women like me—that maybe, one day, I won’t have to hide to feed my child,” Neelam Das, 34-year-old street vendor in South Delhi, tells Media India Group.

The ruling paves the way for integrating lactation rooms in railway stations, bus terminals, marketplaces, and other frequently visited public spaces. While some high-end malls and airports already have lactation rooms, these facilities are often limited to women from privileged backgrounds, leaving working-class and marginalised women struggling for basic dignity.

The issue of breastfeeding in public is not just about convenience; it is deeply tied to socioeconomic disparities. Women from affluent backgrounds may have access to private spaces in malls, restaurants, or airports, but for domestic workers, street vendors, and labourers, the reality is starkly different. They are left to make do with unhygienic restrooms or isolated, unsanitary corners.

“The absence of breastfeeding spaces disproportionately affects women from lower-income groups. While upper-class women may find some privacy in air-conditioned lounges, a working-class woman is left with no choice but to feed her baby on a crowded street, risking harassment or judgment. This judgment has the potential to level the playing field and bring about real change,” Sharma adds.

With the implementation of the court’s directive, the hope is that public infrastructure will no longer be a barrier to breastfeeding. Ensuring equitable access to breastfeeding spaces is critical in bridging this gap, making urban and rural settings more inclusive.

A global perspective: India’s move towards progressive policies

Globally, many countries have recognised the importance of public breastfeeding and have taken measures to ensure safe and comfortable spaces for mothers. Most developed countries have policies that not only protect a woman’s right to breastfeed in public but also ensure the availability of dedicated breastfeeding rooms in public spaces.

In India, despite government schemes promoting breastfeeding, the lack of adequate infrastructure has been a major hurdle. The Supreme Court’s judgment puts India on the path to aligning with global best practices.

Doctors have also welcomed the ruling of the top court and emphasise the importance of breastfeeding without restrictions.

“Breastfeeding is not just a personal choice; it is a public health necessity. When a mother is unable to breastfeed due to lack of space or social stigma, it affects the health of both the baby and the mother. Creating designated spaces for breastfeeding is a fundamental requirement, not a luxury,” Dr Rafiya Bhat, a pediatrician, from Sunjwan, Jammu tells Media India Group.

“The Supreme Court’s ruling is not just about breastfeeding spaces; it is about recognising women’s rights to dignity, autonomy, and non-discrimination in public spaces. It is about challenging deep-seated cultural biases and advocating for a more inclusive society where a mother does not have to choose between feeding her child and maintaining societal decorum,” Bhat adds.

As society progresses, it is imperative that public spaces evolve to accommodate the real and practical needs of all individuals, especially women and children. The ruling serves as a beacon of hope for millions of mothers in India, promising a future where breastfeeding is seen for what it truly is a natural, necessary, and protected act of care and nourishment.