Lactating Mother Has A Fundamental Right To Breastfeed Her Baby: Karnataka HC Uphold’s CAT’s Decision To Grant 120 Days Of Child Care Leave To Nurse
The Karnataka High Court upheld the decision of CAT which granted 120 days of Child Care Leave to a nurse after observing that a lactating mother has a Fundamental Right to breastfeed her baby and to spend reasonable time with it as is required for its rearing.
The Court dismissed the Writ Petition filed by the National Institute of Mental Health and Neuro Sciences (NIMHANS/Petitioner) challenging the order of the Central Administrative Tribunal (CAT) which had directed the Petitioner to grant 120 days of Child Care Leave (CCL) to a nurse (employee/Respondent) working in the ICU.
A Division Bench of Justice Krishna S Dixit and Justice C M Joshi observed, “India is a signatory to several International Conventions. A lactating mother has a Fundamental Right to breastfeed her baby and to spend reasonable time with it as is required for its rearing, more particularly, during the formative years. The baby too has a Fundamental Right to be breastfed. In a way, both these rights constitute one singularity. This important attribute of motherhood is protected under the umbrella of Fundamental Rights guaranteed under Article 21 of the Constitution.”
Advocate Prabhakar Rao K. appeared for the Petitioner, while Advocate Suraj Naik represented the Respondent.
The employee had applied for 120 days of Child Care Leave, citing her responsibilities as a lactating mother and for rearing her young child. However, NIMHANS denied the request. The nurse then approached the CAT, which passed an Order directing NIMHANS to grant the requested leave and extend CCL benefits within eight weeks.
NIMHANS challenged the CAT’s decision in the High Court, arguing that leave is not an employee’s right and granting such an extended leave could disrupt the functioning of the ICU, where the respondent is employed.
The High Court rejected the submission advanced by the Petitioner that the nurse’s long absence would disrupt routine work of significance as she was working in the ICU. The Court noted that there were more than 700 nurses of whom 70% were women. “How absence of one such nurse would create unsurmountable difficulty, remains a riddle wrapped in enigma…What heavens would have fallen down if her request was favourably considered, is difficult to guess,” it remarked.
The Court observed that as an instrumentality of the State under Article 12 of the Constitution, NIMHANS was required to act as a model employer. “It cannot be oblivious to the fact that it is the mother who is the best judge to decide what would be in the best interest of a growing baby,” the Bench stated.
Consequently, the Court held, “The Tribunal in its well reasoned order has rightly granted relief to the employee…In the above circumstances, this petition being devoid of merits, is liable to be and accordingly, dismissed.”
Accordingly, the High Court dismissed the Writ Petition.
Cause Title: National Institute Of Mental Health And Neurosciences (NIMHANS) v. S Anitha Joseph (Neutral Citation: 2024:KHC:47123-DB)
