Breastfeeding needs to be recognized as an inalienable right of a lactating mother and it is also protected under the fundamental rights in the Indian Constitution, said the Karnataka High Court.
On Wednesday, the observation was made by Justice Krishna S Dixit in which one had approached the court to seek the return of her child as the child was taken away from the maternity home soon after the birth from her foster mother.
The HC said in its order that, “In the light of domestic law and the international security law as briefly discussed above, breastfeeding needs to be recognized as an inalienable right of lactating mother; similarly, the right of the sucking infant for being breastfed too, has to be assimilated with mother’s right, arguable, 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; it is unfortunate that this pretty child for no fault remained un-breastfed, its lactating mother having had no access to it till now; in a civilized society such thighs should never happen.”
