Every year, World Breastfeeding Week is observed from August 1 to August 7 to promote breastfeeding awareness and encourage stronger support for nursing mothers. The 2026 theme, “Warm Chain of Support,” calls on governments, employers, healthcare providers, communities and families to work together to create an environment where mothers can successfully breastfeed their children.
Breastfeeding is not only a personal decision but also an important public health measure. The World Health Organization (WHO) recommends exclusive breastfeeding for the first six months, followed by continued breastfeeding along with complementary foods until the child is two years old or older.
To help mothers meet these recommendations, India provides several legal protections related to maternity leave, workplace support and breastfeeding rights. Here’s everything you need to know.
1. Paid Maternity Leave: Up to 26 Weeks
In India, maternity benefits are governed by the Maternity Benefit Act, 1961, which was significantly amended in 2017 and later incorporated into the Code on Social Security, 2020.
Under the current law:
- Women employed in eligible organisations are entitled to 26 weeks of paid maternity leave for their first two children.
- Up to 8 weeks of leave can be taken before the expected delivery date, while the remaining period can be used after childbirth.
- Mothers with two or more surviving children are eligible for 12 weeks of paid maternity leave.
- Adoptive mothers adopting a baby below three months of age and commissioning mothers through surrogacy are also entitled to 12 weeks of paid leave.
These provisions aim to give mothers adequate time to recover after childbirth while supporting breastfeeding during the baby’s early months.
2. Who Can Claim Maternity Benefits?
Not every employee automatically qualifies for maternity benefits.
To be eligible, a woman must have:
- Worked for at least 80 days during the 12 months preceding her expected delivery.
The law generally applies to establishments employing 10 or more workers, including factories, mines, plantations, shops and commercial establishments covered under state laws.
3. Nursing Breaks Are Protected by Law
Returning to work does not mean a mother has to stop breastfeeding.
Indian law requires employers to provide:
- Two paid nursing breaks every working day, in addition to normal rest intervals.
- These breaks remain available until the child reaches 15 months of age.
The purpose is to allow mothers sufficient time to breastfeed their babies or express breast milk during working hours without any reduction in salary.
4. Crèche Facilities at Large Workplaces
To make it easier for working mothers to continue breastfeeding, organisations employing 50 or more workers are required to provide a crèche (day-care) facility.
The law also allows mothers to:
- Visit the crèche up to four times each day, including their regular break.
- Breastfeed, care for or spend time with their child during these visits.
This provision helps mothers balance childcare responsibilities while continuing their professional careers.
5. Can Mothers Work From Home After Maternity Leave?
The 2017 amendment to the Maternity Benefit Act introduced a work-from-home option, wherever the nature of the job permits.
After completing maternity leave, employers and employees may mutually agree on remote working arrangements. This flexibility can make it easier for mothers to continue breastfeeding while managing work commitments.
6. Is Breastfeeding in Public Legal in India?
Unlike several other countries, India does not have a dedicated law specifically protecting the right to breastfeed in public.
However, there is also no law that prohibits public breastfeeding.
A mother nursing her child in a public place is not committing any offence simply by feeding her baby.
Legal experts generally point out that constitutional rights related to privacy, dignity and personal liberty support a woman’s ability to breastfeed in public, even though there is no separate legislation dealing exclusively with this issue.
Despite the legal position, many mothers continue to encounter challenges such as:
- Social stigma
- Lack of designated nursing spaces
- Limited breastfeeding-friendly public facilities
7. Why Breastfeeding-Friendly Workplaces Matter
According to the World Health Organization, exclusive breastfeeding during the first six months helps:
- Reduce the risk of infections in infants
- Improve child survival rates
- Support healthy growth and development
- Provide important health benefits for mothers
Supportive workplace policies—including paid maternity leave, nursing breaks, flexible work arrangements and crèche facilities—enable mothers to continue breastfeeding after returning to work, benefiting both maternal and child health.
The Bottom Line
India has introduced several legal measures to support breastfeeding mothers, including paid maternity leave of up to 26 weeks, paid nursing breaks, crèche facilities at larger workplaces, and flexible work-from-home provisions where possible.
Although India does not have a standalone law guaranteeing the right to breastfeed in public, there is no legal restriction preventing mothers from nursing their babies in public spaces.
As World Breastfeeding Week 2026 highlights the importance of a strong “Warm Chain of Support,” strengthening workplace policies, improving public facilities and reducing social stigma remain essential steps toward creating a more breastfeeding-friendly society.