Monday, 20 June 2022

Right to breast feed

 Right to breast feed

It is the most recent right introduced to the Indian Constitution under Article 21. On September 29, 2021, Justice Krishna S Dixit of the Karnataka high court stated that a nursing woman has an innate right to nurse her kid.

The infant was taken from the biological mother and delivered to the foster mother in this habeas corpus case. The court noted that the youngster has to be breastfed or he would grow weak, and his nursing mother has a complete right to feed the children. The court also stated that genetic parents may provide greater care for a kid than a foster mother, and that the child need his biological parents since they have a soul bond and are treated as if they were a part of the same body. Foster mothers are unable to provide for their children in the same way that biological mothers can. In this example, the foster mother did not have a kid, but the biological mother already had children at home, therefore the biological mother already had experience raising children, treating them, educating them, and keeping them clean, but the foster mother lacked that expertise. 

The youngster is also unable to live with strangers, according to the court. Articles 25 (2) of the Universal Declaration of Human Rights and 24 of the International Covenant on Civil and Political Rights affirm the child's right to protection as a minor, as well as a family's, society's, and government's responsibility to safeguard them and their rights. It was very bad and careless that the child was not breastfed; it is an age when the child cannot consume anything other than mother's milk, and the child was not getting it. This was very dangerous for the child; it could have resulted in death, and the child constantly cries when he is not being breastfed.

So, the child was returned to the biological mother because she needs to feed the child and the child needs the mother's milk, biological parents can better raise the child than foster parents, and no one has the right to steal children, and the foster mother had no experience raising children and was unable to breastfeed the child. As a result, the infant has lost a significant amount of energy, which might make the youngster weak and cause major difficulties. That the youngster endured as a result of the foster mother's foolishness was extremely wrong.

And, as we all know, a new born infant can only eat and drink mother's milk, thus it is critical for the kid's immunity, and a nursing mother has the right to feed her child at any time and in any location; otherwise, it will be regarded offensive.

The state's responsibility to ensure that mothers are properly educated should be considered as part of a larger commitment to provide social conditions that support good child feeding habits. This means that the state should not force women to feed their children in a certain way; instead, the state should ensure that mothers are supported and equipped to make healthy feeding decisions.


As a result, children should be considered to have the right to be nursed, not in the sense that the mother is required to do so, but in the sense that no one may interfere with the mother's right to do so. Breastfeeding should be regarded as a right that both the mother and the child share.


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