Breastfeeding in India: Know Your Rights on Maternity Leave, Nursing Breaks and Public Feeding

Breastfeeding Rights in India: What the Law Says About Maternity Leave, Nursing Breaks and Workplace Support

World Breastfeeding Week is observed every year from August 1 to 7 to promote breastfeeding and highlight the importance of creating stronger support systems for mothers. The 2026 theme, “Warm Chain of Support,” calls on governments, healthcare providers, employers, communities and families to work together to help mothers breastfeed successfully.

The World Health Organization (WHO) recommends exclusive breastfeeding for the first six months of a baby’s life, followed by continued breastfeeding alongside complementary foods up to two years or beyond. Achieving this often depends on adequate legal protections and workplace support.

Here’s a look at the key rights available to breastfeeding mothers in India.

Paid Maternity Leave

The Maternity Benefit Act, 1961, as amended in 2017 and incorporated into the Code on Social Security, 2020, provides paid maternity leave to eligible women employees.

Women are entitled to 26 weeks of paid maternity leave for their first two children, with up to eight weeks allowed before the expected date of delivery and the remainder after childbirth. For women with two or more surviving children, the entitlement is 12 weeks.

The law also extends 12 weeks of paid leave to adoptive mothers adopting a child below three months of age and commissioning mothers through surrogacy.

Eligibility for Maternity Benefits

To qualify for maternity benefits, a woman must have worked for at least 80 days during the 12 months preceding her expected delivery.

The provisions generally apply to establishments employing 10 or more workers, including factories, mines, plantations, shops and commercial establishments covered under applicable laws.

Right to Nursing Breaks

The law recognises that many mothers continue breastfeeding after returning to work.

Eligible employees are entitled to two paid nursing breaks every day, in addition to their regular rest intervals, until the child reaches 15 months of age. These breaks are intended to allow mothers to breastfeed or express milk without any reduction in wages.

Crèche Facilities at Larger Workplaces

Workplaces employing 50 or more workers are required to provide a crèche (day-care) facility.

Mothers are permitted to visit the crèche up to four times a day, including their regular rest interval, enabling them to breastfeed or spend time with their child during working hours.

Work-From-Home Provision

Recognising the need for greater flexibility, the 2017 amendment introduced a work-from-home provision wherever the nature of the job allows.

After maternity leave ends, employers and employees may mutually agree on remote working arrangements, helping mothers continue breastfeeding while balancing their professional responsibilities.

Is Breastfeeding in Public Legal?

India does not have a specific law that expressly guarantees the right to breastfeed in public. However, there is no law prohibiting public breastfeeding either.

A mother nursing her child in a public place is not committing an offence merely by breastfeeding. Legal experts generally point to constitutional protections relating to dignity, privacy and personal liberty as supporting a woman’s right to breastfeed her infant, even in the absence of a dedicated statute.

Despite this legal position, many mothers continue to face social stigma, limited nursing spaces and inadequate public facilities.

Why These Protections Matter

Health experts emphasise that supportive policies play a crucial role in enabling mothers to continue breastfeeding after returning to work.

Measures such as paid maternity leave, nursing breaks, flexible work arrangements and workplace crèche facilities help improve breastfeeding rates while contributing to better health outcomes for both mothers and children. They also reduce the challenges many women face in balancing childcare with their careers, making workplace support an important component of maternal and child welfare.