Lawstreet Journal

'Breastfeeding an Inalienable Right of Lactating Mother Protected Under Article 21; Right of Infant to be Breastfed also Assimilated with Mother's Right' : Karnataka High Court [READ ORDER]

Lawstreet Journal 30 Sep 2021 8:32pm

Image courtesy: Lawstreet Journal Judiciary 'Breastfeeding an Inalienable Right of Lactating Mother Protected Under Article 21; Right of Infant to be Breastfed also Assimilated with Mother's Right' : Karnataka High Court [READ ORDER]

According to the Karnataka High Court, breastfeeding a child is an important aspect of motherhood and is protected under the umbrella of Fundamental Rights guaranteed under Article 21 of the Indian Constitution.

In his order, Justice Krishna S Dixit stated, "In the light of domestic and international law, breastfeeding must be recognized as an inalienable right of the lactating mother; similarly, the right of the suckling infant to be breastfed must be assimilated with the mother's right; arguably, it is a case of concurrent rights; this important attribute of motherhood is protected under international law."

The court made this observation while deciding on a very unusual case in which the biological mother of a child who had been stolen from the maternity home shortly after birth had approached the court seeking the child's return from the foster mother. Previously, the mother had petitioned the court for a writ of habeas corpus, which resulted in the child's location being discovered.

While granting the petition, the court stated that custody of the minor child should be given to the genetic mother. It stated,

"Between the genetic mother and the foster mother, the former's claim should take precedence over the latter, subject to all just exceptions, which the foster mother's case does not appear to fall into; this augurs well with reason, law, and justice."

Furthermore, the court stated that in such cases, courts cannot establish blanket rules because the elements involved are so complex. "However, a broad rule is that in… Continue Reading...


Tagged: Karnataka high court  
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