MAATR SPARSH AN INITIATIVE BY AVYAAN FOUNDATION versus UNION OF INDIA & OTHERS

Citation: [2025] 2 S.C.R. 1772 · Decided: 19-02-2025 · Supreme Court of India · Bench: B.V. NAGARATHNA, PRASANNA BHALACHANDRA VARALE · Disposal: Disposed off

Judgment (excerpt)

[2025] 2 S.C.R. 1772 : 2025 INSC 302
Maatr Sparsh An Initiative by Avyaan Foundation 
v.  
Union of India & Others
(Writ Petition (Civil) No. 950 of 2022)
19 February 2025
[B.V. Nagarathna and Prasanna B. Varale, JJ.]
Issue for Consideration
1.	
Whether a Writ of Mandamus should be issued to the 
Respondents to act and thereby construct feeding rooms 
and child care rooms, etc. or any other facilities related to 
infants and mothers at public places.
2.	
Whether a Writ of Mandamus be issued to the Respondents 
to ensure that the fundamental rights of nursing women and 
infant children are protected.
Headnotes†
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:
[2025] 2 S.C.R. 
1773
Maatr Sparsh An Initiative by Avyaan Foundation v.  
Union of India & Others
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 – Breast-
feeding:
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 breast-
feeding. [P

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