Kerala HC on Breastfeeding Kerala High Court on Friday said that the right of the mother to breastfeed and the right of the child to breastfeed are aspects of the right to life under Article 21 of the Constitution.
Child Welfare Committee’s order rejected
The court (Kerala HC) rejected the order of the Child Welfare Committee (CWC) in which the custody of the breastfed child was handed over to his father. The CWC had handed over the custody of the child to the father as it believed that the child would not be safe with his mother as the woman had eloped with her father-in-law.
Our concern is the best interest of the child: HC
Directing the handing over of the child to his mother, Justice VG Arun said the committee’s order reflected the moral bias of its members. The High Court said, “The sole concern of the committee should be the best interest of the child. That the mother of the child has chosen to live with a person other than her husband is not a matter of concern to the Committee.
mother can’t be bad
The High Court further said, ‘As per the moral standards of the members, the petitioner (mother) may not be a good person, but that does not make her a bad mother. There are always biased decisions due to personal moral values. Unfortunately this order reflects nothing more than the moral bias of the committee members.
Breastfeeding is the right to life under Article 21.
The court also expressed surprise that the CWC did not take into account the fact that the infant was being breastfed while hastily transferring the custody of the child to the third respondent (father). The counsel for the petitioner has rightly said in his argument that separating a child of one year and four months from his mother is a violation of his right to breastfeed the child and the right of the child to be breastfed, such a right is guaranteed under Article 21 of the Constitution. There is an aspect of right to life under.
The court also described the outcome of the CWC order as “disappointing” as the infant had to remain separated from his mother for almost a month, depriving him of the care, comfort and love that is most important at this stage.