Breastfeeding Inalienable Right of Lactating Mother, Says Karnataka High Court While Granting Custody of Child to Its Biological Mom

Bengaluru, September 30: Breastfeeding is an inalienable right of a lactating mother protected under Article 21 of the Constitution, the Karnataka High Court said on Wednesday. It further added that the right of the suckling infant for being breastfed has to be assimilated with the mother’s right. The observations were made during a case where a biological mother sought custody of her child which was stolen and sold to a couple. Karnataka High Court Fines Petitioner Rs 50,000 For Filing PIL With 'Intention of Enmity'.

"Breastfeeding needs to be recognised as an inalienable right of a lactating mother. Similarly, the right of the suckling infant for being breastfed too has to be assimilated with the mother’s right. Arguably, it is a case of concurrent rights; this important attribute of motherhood is protected under the umbrella of fundamental rights guaranteed under Article 21 of the Constitution of India," Justice Krishna S Dixit was quoted as saying. Karnataka High Court Quashes Plea Seeking Action Against Google for Showing Kannada as 'Ugliest Language'.

The child was born in a maternity home in Bengaluru in May 2020. A psychiatrist had reportedly stolen the kid from the cradle and sold it to a couple from Koppal. Later, police caught the kidnapper and traced the child to the couple's home in Koppal town in May. The foster mother, Anupama Desai, urged the court to let he keep the child as she took care for it for over a year.

Seeking the custody of the child, Desai's counsel cited the episodes from Bhaagavatam in which Devaki, the genetic mother of Lord Krishna, permitting Yashoda, the foster mother, to retain custody of infant Krishna. However, Justice Dixit observed: "It is bit difficult to countenance; no authoritative text of the episode is produced to show there was any dispute of the kind between these two women of grace from the era long gone by."

The judge also dismissed the foster mother's argument that she has no children, while the biological mother has two kids, hence she should be allowed to keep the infant. "Children are not chattel for being apportioned between their genetic mother and a stranger on the basis of their numerical abundance. The principle of distributive justice which intends to bridge the gap between ‘haves and have nots’ is not invocable, at least in this case," the judge said.

The legal battle ended on a happy note. When Desai finally agreed to give away the child, the biological mother told her that she can visit the child whenever her heart so desires.

(The above story first appeared on LatestLY on Sep 30, 2021 08:47 AM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).