Allahabad High Court Seeks Final Instructions on Setting Up Crèche Facility by July 25

The Allahabad High Court, while hearing a Public Interest Litigation (PIL) seeking the establishment of a crèche (childcare facility) within the court premises, has directed the High Court administration to take necessary steps and submit final and concrete instructions on the matter by the next hearing scheduled for July 25.

The PIL is being heard by a division bench comprising Chief Justice Arun Bhansali and Justice Kshitij Shailendra. The petition has been filed by advocate Jahnavi Singh, who is appearing in person.

Court’s Observations and Directions

During the hearing on Wednesday, the counsel representing the High Court submitted that a crèche is proposed to be established in a newly planned meditation building.

In response, the court observed that such a childcare facility should ideally be located within the main High Court building itself, for ease of access and convenience to employees and women advocates.

The bench directed the High Court administration and registrar to submit a definitive plan and take necessary action by July 25. The matter will be listed afresh on that date.

Petitioner’s Arguments

Advocate Jahnavi Singh, while arguing her case, stated that the absence of a crèche facility within the High Court complex denies essential childcare support to women advocates and female court staff.

She further asserted that other High Courts, including the Delhi High Court, have well-equipped and functional crèches, and the Allahabad High Court should adopt similar standards.

Citing legal provisions, the petitioner emphasized that the lack of such a facility violates Articles 14 and 21 of the Constitution of India, which guarantee equality before the law and the right to life and personal liberty, respectively.

Legal Basis for Crèche Facilities

The petitioner also invoked the provisions of the Maternity Benefit Act, 1961 (as amended in 2017), particularly Section 11A, which makes it mandatory for any establishment employing 50 or more people to provide a crèche facility within a prescribed distance.

This section also grants women employees the right to visit the crèche during working hours at regular intervals.

The PIL highlights that the High Court, being a large establishment, is legally and morally obligated to offer such support infrastructure for working mothers, both among its staff and the legal fraternity.

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