INTRODUCTION
The matter is pending before the Supreme Court of India in a public interest litigation (PIL) relating to dedicated feeding and childcare spaces in public buildings. In this PIL, one would perhaps have to compulsorily instruct the institution of feeding and childcare rooms in public premises as a measure to safeguard the rights and dignity of mothers and children. The PIL explains that such facilities assure privacy and convenience to women in public places.
BACKGROUND
On November 19, a bench of Justices B.V. Nagarathna and N.K. Singh considered the matter and discussed the role of the Union Government in the implementation process. Advocate Animesh Rastogi, counsel for the petitioner, submitted that there had to be a specific action plan to create these spaces both in new and existing public buildings.
The Court noted that the responsibility to implement lies both with the Union Government and the State/UT administrations. Still, it observed that States and Union Territories were considered non-parties in the case. Justice Nagarathna has emphasized that such facilities must become a part of planning new buildings and adjusting the existing ones. Additional Solicitor General (ASG) Aishwarya Bhati for the Union drew the attention of the court to the fact that there was no direct legal provision. She referred to the Maternity Benefit Act of 1961, which was amended in 2017, providing crèche facilities but does not provide any specific directions regarding spaces for feeding and childcare in public buildings.
Justice Nagarathna retorted that such standalone legislations were not needed because such steps are within the purview of executive action and policy implementation.
It was said that it already exists in Delhi NCR. More than two years have passed without much development of the advisories issued by the Union Government.
KEY ASPECTS
- Coordination Between Union and States/UTs:
Justice Nagarathna also recommended that the action plan prepared by the Union be coordinated with its implementation by the States and Union Territories.
- Pragmatic Action: The Court pointed out the precedents already established like feeding rooms at airports and sought a similar arrangement at bus stations and railway stations and other public buildings.
- Challenge to the law.
Though ASG Bhati pleaded for legal sanction to enforce appropriately, the Court brought out that most of it falls into the administrative plane rather than bringing in new legislation.
Conclusion
Now, for the first time ever, the Union Government would be provided with an opportunity to file an affidavit detailing its work plan to create feeding and childcare spaces in public buildings. The court would give directions to States and Union territories according to the above said plan so that across India, there is uniformity and accountability. She underlined that to be able to protect the privacy and dignity of women as well as children in public, this had to be carried out. It is a case that reiterates the necessity of having to construct public infrastructure in an inclusive manner and brings India a step closer to the requirements of women and children.
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WRITTEN BY RICHA PANDEY
