The Karnataka High Court recently ruled that breastfeeding is a fundamental human right for both mothers and their babies. The court agreed with a decision made earlier by the Central Administrative Tribunal (CAT). This decision told the National Institute of Mental Health and Neurosciences (NIMHANS) to give 120 days of Child Care Leave (CCL) to a nurse named Anitha Joseph.

Anitha, a nurse in the ICU, asked for child care leave from January to May 2023 to take care of her baby. NIMHANS refused, saying her leave would affect important ICU work. Unhappy with this, Anitha went to the Central Administrative Tribunal (CAT), which supported her and said breastfeeding and child care are very important. NIMHANS then took the case to the High Court, but the court rejected their appeal.

What did the court highlight?

Justice Krishna S. Dixit and Justice CM Joshi explained that both mothers and babies have the right to breastfeeding. They mentioned laws from India and around the world, like the International Convention on the Rights of the Child (1989), which support the health and well-being of mothers and children.

The court emphasised that society must support and encourage breastfeeding because it is essential for a baby's health and the mother's well-being. The judges also reminded NIMHANS, as a government institution, that it should act responsibly and be a good example of a fair and caring employer.

The court said that maternity and child care leave are very important and should not be treated like regular leave. It stressed that the well-being of children, especially during their early years, must be given the highest priority.

Importance of the ruling

The court's decision is not just about Anitha's situation; it highlights the need for society to help working mothers. The judges referred to old Indian teachings, saying a society's progress depends on how it treats women and children.

This ruling shows the importance of creating workplaces that support mothers, allowing them to care for their children while keeping their jobs secure.