The Kerala High Court has declared breastfeeding a fundamental part of the right to life, asserting that separating a child from the mother infringes not only the mother’s right to breastfeed but also the child’s right to be breastfed. This ruling came in a custody dispute that underscored the constitutional protections afforded under Article 21 of the Indian Constitution.
Presided over by Justice V.G. Arun, the court overturned a decision by the Child Welfare Committee (CWC), which had awarded custody of the child to the father under circumstances the court found biased and not in the best interest of the child. The High Court’s ruling emphasized that the act of breastfeeding is integral to a child’s health and is supported by constitutional mandates directing the state to enhance public health.
During the proceedings, the court criticized the CWC’s decision, labeling it as influenced by “moral bias” and not focused on the child’s welfare. The High Court stated, “The mother’s decision to live with someone other than her husband is not a concern for the committee. Judgments based on members’ personal moral standards are invariably biased.”
The case involved a mother who had separated from her husband due to allegations of domestic abuse and subsequently lived with another person. After her husband filed a complaint, a magistrate allowed her to live with whomever she chose, given her adult status. However, due to concerns for the child’s welfare, the CWC intervened, resulting in the father receiving custody.
The High Court referenced a prior ruling, Anisa F.V. vs. Shafiqmon K.I. (2023), asserting that the CWC’s order violated principles of natural justice and the fundamental rights of both the mother and the child. The court decisively directed that the child’s custody be returned to the mother, ensuring the child’s right to maternal care and breastfeeding.
