BREASTFEEDING IS PROTECTED UNDER ARTICLE 21 OF THE CONSTITUTION - KARNATAKA HIGH COURT

The Karnataka High Court held that "breastfeeding needs to be recognized as an inalienable right of a lactating mother; similarly, the right of the suckling infant for being breastfed too, has to be assimilated with mother’s right."

An infant has the right to be breastfed, and a mother has the right to breastfeed under Article 21 of the Constitution.

The single-judge Justice Krishna S Dixit of Karnataka ruled the above while hearing a dispute between the biological mother and the foster mother for custody of the child. The foster mother argued that the biological mother already has two children and the foster mother has none. Moreover, she looked after the child for many months and therefore, she should be allowed to retain the child. 

The single bench held that lactating mothers breastfeeding their babies are protected under Article 21. Claims of a stranger would stand on a minor footing when compared to the rights of genetic parents.  

Moreover, the foster mother's argument of keeping the toddler because she has none is not acceptable by the court. "Children are not chattel for being distributed between their genetic mother and a stranger, based on their numerical abundance".

The Court was later informed that the foster mother had given the infant to the biological mother, who in turn agreed that the foster mother may meet the toddler whenever she wishes to. To which, the Court said, "Kind gestures coming from two women honouring from two different backgrounds, are marked by their rarity; thus, this legal custody battle is drawn to a close with a happy note, once for all."

Thereafter, the Court disposed of the petition.

Author: Papiha Ghoshal