Kerala High Court Upholds Baby's Right to Breastfeeding

The Kerala High Court quashed a Child Welfare Committee's decision handing a breastfeeding infant to its father, affirming a mother's right to breastfeed under Article 21. The court criticized the committee's moral bias and emphasized the child's best interests and the breach of fundamental rights.

The Kerala High Court emphasized the constitutional right to life, reflecting on a mother's and an infant's right to breastfeeding, as part of Article 21. This came as the court quashed a Child Welfare Committee (CWC) order transferring custody to the father.

Justice V G Arun critiqued the CWC's decision, labeling it as an outcome of the moral bias and personal predilections of its members. The decision raised questions over the committee's focus, which should prioritize the child's best interest over moral judgments of the mother's personal life.

Highlighting the oversight in considering the infant's breastfeeding needs, the court labeled the order a violation of natural justice. The bench stressed the inadequacy of the CWC's reasoning, citing breaches of both the mother's and child's fundamental rights.

(With inputs from agencies.)