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Section 66: Nursing breaks

The Code on Social Security, 2020 (Act No. 36 of 2020) • Official Statutory Text & Plain English Practice Guide

Statutory Mandate
Chapter VI: Maternity Benefit
Competent Labour Forum
Act No. 36 of 2020
Section 65 All 163 Sections of Code on Social Security, 2020 Section 67

Legal Commentary & Landmark Judgments: Section 66

Section 66 of the Code mandates that every woman who returns to duty after delivery shall be allowed two nursing breaks of prescribed duration during her daily working hours to nurse her child, until the child reaches the age of fifteen months.

  • Mandatory Daily Nursing Breaks: Obligates the employer to provide two statutory nursing breaks during the working day in addition to standard rest intervals.
  • Fifteen-Month Duration Guarantee: Enforces the nursing break entitlement until the child completes fifteen months of age, ensuring infant nutritional security.
  • Nursing Breaks Count as Paid Working Hours: Explicitly directs that nursing breaks must be counted as active working time without any deduction from wages.
Key Landmark Precedents:
  • Municipal Corporation of Delhi v. Female Workers (Muster Roll) (2000) 3 SCC 224: Supreme Court affirmed that infant nutrition and maternal bonding are protected constitutional interests under Article 15(3) and 21.
  • B. Shah v. Presiding Officer, Labour Court (1977) 4 SCC 384: Affirmed that statutory breaks provided for infant nursing cannot be monetized or deducted from regular wages.
  • Bandhua Mukti Morcha v. Union of India (1984) 3 SCC 161: Emphasized that protection of working mothers and infants is a basic measure of civilized workplace standards.
Courtroom Practice & Strategic Litigation Guidance:

Establish a dedicated, clean, private lactation/mother's room equipped with a refrigerator and comfortable seating in the office, scheduling two 30-minute nursing breaks into the employee's workday without affecting productivity KPIs.

Section 65 All 163 Sections of Code on Social Security, 2020 Section 67