HC: Breastfeeding inalienable constitutional right of a mom

What is the news?

A child was stolen from the maternity ward by a psychiatrist and later gave it to another couple by claiming it was their child born out of surrogacy. Police arrested the psychiatrist. Now the case went to the Karnataka High Court over the custody of the child by both the parents.

What is the court view?

HC said that breastfeeding is an inalienable constitutional right of a lactating mother, and the right of the infant needs to be assimilated with the mother’s right.

The court dismissed the plea of foster parents to remain the child with them. The court also dismissed another argument of foster parents that they do not have any children, whereas the genetic mother already has two children. So, custody should be given to them.

The court said that children are not an item to be shared between genetic mother and stranger on the basis of numerical abundance. They are the important part of the mother’s body and soul, so (genetic) mother treats all of them equally in spite of their count.

What rights provides under the constitution?

Motherhood is protected under the umbrella of fundamental rights guaranteed under Article 21 of the Constitution of India.

Source: This post is based on the article “HC: Breastfeeding inalienable constitutional right of a mom” published in Times of India on 30^th September 2021.