Right to Breast Feeding:
It is the latest right which is added in the Article 21 of the Indian
Constitution. On 29 sept. 2021 , Justice Krishna S Dixit of Karnataka high
court said that the lactating mother have a right to breastfeed the child and it
is a inalienable right.
In this habeas corpus petition , the baby was stolen from the biological mother
and given to the foster mother the court observed that the child needs to be
breastfeed otherwise the child will become weak and his lactating mother have a
full right to feed the kids.
The court also said that genetic parents can do better care of a child than the
foster mother and the child also needs his biological parents because they have
a soul connection and the parents treat them as a part of their same body. The
foster mother can not do those things for a child which biological mother can
do. And in this case the foster mother was not having any child but the
biological mother was already having children at home, so, the biological
mother was already hiving an experience that how to raise children and how to
treat them , educate them and keep hygiene and on other hand the foster mother
was lacking that experience. The court also said that the child cannot live with
Article25 (2) of the universal declaration of human rights and article 24 of the
international covenant on the civil and political rights they recognize the
right of the child for their protection as they are minor and it is also a duty
of a family, society and government to protect them and their rights.
It was very bad and lack of care that the child remained un breastfed , it is a
age where the child can not not consume any other thing except mother's milk and
the child was not getting that , this thing was very dangerous for the child ,
this could have caused death also and the child continuously cries when he is
hungry so due to that the child have lost a lot of energy which can make the
child weak and have created serious complications for a child. That was very
wrong that child suffered due to this stupidity of foster mother.
So the child was given back to the biological mother because she needs to feed
the child and child needs the mother's milk , biological parents can raise the
child better than foster mother and no one have a right to steal kids and
foster mother was not having any experience that how to raise children and she
was not able to breastfeed the child.
And as we all know that the new born baby can not eat and drink anything other
then mother's milk so it is very important for the immunity of the child and
lactating mother have a right to feed her child anytime at any place , it will
on be considered as offensive.