Supreme Court Directs Union To Frame Action Plan For Feeding & Childcare Spaces In Public Places & Buildings

The Supreme Court today (November 19) gave one final chance to the Union Government to file an affidavit formulating an action plan for implementing feeding, and child care rooms in public spaces and buildings in a public interest litigation. 

The writ petition filed by Maatr Sparsh NGO was listed for hearing before a bench of Justices B.V. Nagarathna and NK Singh. The bench was apprised by Advocate Animesh Rastogi (for Petitioner) that the petition sought exclusive and separate public spaces and buildings for feeding and taking care of children.

At the outset, the Court expressed its willingness to issue some directions in this case for the implementation, which the Union of India via the Union Ministry of Women & Child Development must coordinate with the States and Union Territories. However, the Court was informed that the States and Union Territories are not impleaded as parties. 

Justice Nagarathna said: "They should know when they are constructing new buildings, they will have to keep this in the plan. And when it comes to existing buildings, they have to ensure that some space is made out for this."

Additional Solicitor General Aishwarya Bhati submitted that on the last occasion, the Court indicated its intention to transfer the matter to the respective High Court. However, Justice Nagarathna today stated that it may not be necessary as the Union Government could come up with an action plan, which the Court will direct the States and Union Territories to follow. 

She added: "It may be difficult. There is no law as such. The same difficulty the High Courts may face."

On this, Bhati responded that the Union has been issuing advisories. But on the aspect of law, it's not clear. To this, Justice Nagarathna pointed out: "Totally a matter of executive action. No law is required."

Bhati however further clarified: "Crèches have been included as a mandate of law. So, non-compliance then has consequences. As a nation, we need to be ready for the law."

When the Court asked where is the law, Bhati responded: "It's there in the Maternity Benefit Act, 1961[as amended in 2017]".

Rastogi also added that the law in the aspect of separate feeding and childcare spaces is embedded in the right to life and privacy. 

Bhati suggested that the Court may pass a direction asking the Union to coordinate with the States and Union Territories after it comes up with an action plan. She also referred to the menstrual hygiene policy matter where the Court had directed the Union to come up with an action plan as there was no law as such on the issue.

She said: "Health is a state subject. We cannot be imposing or impinging upon States' powers."

On this, Justice Nagarathna remarked that the matter does not come under health as it comes under the subject of women and child welfare. She said: "In this, you have to simply implement it. Privacy, you have to implement it during the construction of new buildings. Existing buildings may provide some space. In fact, you have it in airports. Same thing must be there in bus stations, and railway stations. Now when new Courts are being built, we are having the provision at least in Karnataka that child care room is there in the plan." 

Rastogi pointed out that the Delhi NCR has already come up with guidelines on this before the Delhi High Court. He agreed with the Union's idea of coming up with an action plan and concluded by adding that the Union Government for the past 2 years has been taking time to file counters. But no real implementation has taken place.

Case Details: MAATR SPARSH AN INITIATIVE BY AVYAAN FOUNDATION vs UNION OF INDIA AND ORS., W.P.(C) No. 950/2022

Appearances: Animesh Rastogi, Adv.(for Petitioner) and ASG Aishwarya Bhati (for Respondents) 

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