In a landmark ruling, the Kerala High Court affirmed that a mother’s right to breastfeed and a baby’s right to be breastfed are integral aspects of the right to life, protected under Article 21 of the Indian Constitution. The decision came on Friday when the court quashed a Child Welfare Committee (CWC) order that had granted custody of a breastfeeding infant to the father under controversial circumstances.
Justice V G Arun criticized the CWC’s decision, which was influenced by the mother’s personal life choices, particularly her decision to live with her father-in-law after eloping. The court condemned the committee’s “moral bias” and emphasized that the primary concern should always be the child’s best interest, not the moral judgments of the committee members.
“The counsel for the petitioner is correct in her submission that severance of a one-year and four-month-old baby from its mother violates her right to breastfeed the baby and that of the baby to be breastfed,” Justice Arun stated, highlighting the critical importance of maternal bonding and care during early childhood.
The court was particularly critical of how quickly the CWC moved to separate the infant from its mother without considering the essential benefits of breastfeeding. The judgment noted that such actions not only violated the mother’s and child’s constitutional rights but also deprived the infant of the “care, comfort, and love” crucial at this stage of development.
The court also pointed out that the CWC’s role should only come into play when neither parent is capable of caring for the child. Since the mother was capable and willing, the court ordered that the infant be returned to her custody immediately.
