The Karnataka High Court has reinforced the fundamental rights of a lactating mother to breastfeed and care for her child, upholding a Child Care Leave (CCL) of 120 days granted to a nurse by the Central Administrative Tribunal (CAT).
In a significant judgment, the Court dismissed a writ petition by the National Institute of Mental Health and Neuro Sciences (NIMHANS), which had challenged the CAT’s decision to allow the nurse’s leave for childcare. The Division Bench, including Justice Krishna S Dixit and Justice C M Joshi, affirmed that both the mother’s right to breastfeed and the child’s right to be breastfed are protected under Article 21 of the Constitution, emphasizing the importance of these rights during a child’s crucial formative years.
“India, as a signatory to several international conventions, recognizes the fundamental right of a lactating mother to breastfeed her baby and to spend reasonable time with it as required for its upbringing,” the Bench stated. They highlighted that this dual right of the mother and the child forms a singular entity under the realm of fundamental rights.
Advocate Suraj Naik, representing the respondent nurse, argued successfully for her right to child care leave, against NIMHANS’s position that her extended absence would critically disrupt operations in the ICU. In response, the Court noted NIMHANS’s robust staffing, with over 700 nurses, 70% of whom are women, and questioned how the absence of a single nurse could cause significant operational difficulties.
The judges critiqued the institute’s stance, stating, “How the absence of one nurse would create insurmountable difficulty remains a riddle wrapped in enigma.” They underscored that NIMHANS, as a state instrumentality under Article 12, should act as a model employer and respect the mother’s judgment regarding her child’s best interests.
