Lactating mothers have a basic right to breastfeed their babies. The Karnataka High Court supports the CAT’s decision to give 120 days of childcare leave to nursing mothers.
The Karnataka High Court supported the CAT’s decision to give a nurse 120 days of Child Care Leave. The court noted that a lactating mother has a Fundamental Right to breastfeed her child and spend necessary time with it for proper care. The High Court rejected the Writ Petition from the National Institute of Mental Health and Neuro Sciences (NIMHANS), which contested the CAT’s order to provide the leave to the nurse working in the ICU. Justices Krishna S Dixit and C M Joshi stated that India is part of various International Conventions, affirming that both the mother and baby have rights related to breastfeeding. This aspect of motherhood is protected under Article 21 of the Constitution.
Advocate Prabhakar Rao K. represented NIMHANS, while Advocate Suraj Naik represented the nurse. The nurse requested 120 days of Child Care Leave due to her duties as a lactating mother. NIMHANS denied her request, leading her to approach the CAT, which ordered NIMHANS to grant the leave within eight weeks. NIMHANS then appealed to the High Court, claiming that such leave is not a right and could affect the ICU’s operations.
The High Court dismissed the Petitioner’s claim that the nurse’s extended absence would significantly disrupt the ICU’s routine work. The Court pointed out that there are over 700 nurses, with 70% being women. It questioned how the absence of one nurse could cause major issues, stating, “What would have happened if her request was granted is hard to understand.”
The Court noted that NIMHANS, as a state entity under Article 12 of the Constitution, should act as a responsible employer. It emphasized that a mother is best suited to determine what is best for her growing child. Therefore, the Court concluded, “The Tribunal made a sound decision in granting relief to the employee…Given these circumstances, this petition lacks merit and is dismissed.” Thus, the High Court rejected the Writ Petition.
Cause Title: National Institute Of Mental Health And Neurosciences (NIMHANS) v. S Anitha Joseph (Neutral Citation: 2024:KHC:47123-DB)
