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Synopsis

The Karnataka High Court, highlighting the necessity of recognizing the rights of working mothers and their children, emphasised that “Breastfeeding is a human rights issue for babies and mothers. It should be protected and promoted for the benefit of both.” The court made the observation while affirming an order passed by the Central Administrative Tribunal (CAT) directing the National Institute of Mental Health and Neurosciences (NIMHANS) to grant 120 days of Child Care Leave (CCL) to nurse S. Anitha Joseph (respondent).

A Division bench, presided over by Justice Krishna S. Dixit and Justice C. M. Joshi, citing national and international frameworks supporting maternal and child health, underscored the fundamental rights of lactating mothers to breastfeed their babies and spend adequate time with them, adding that babies also have a corresponding right to be breastfed.

The petitioner, the NIMHANS, challenged the CAT's February 2024 order directing the institution to grant CCL to the respondent. Anitha Joseph, a nurse working in the ICU, had applied for CCL from January 14, 2023, to May 14, 2023, to care for her infant. The institution declined her request, citing that grant of 120 days of leave to an ICU nurse would disrupt essential services. The respondent approached the CAT, which ruled in her favour, recognizing the significance of breastfeeding and child care during a child's formative years. Dissatisfied, NIMHANS approached the High Court to invalidate the tribunal’s order.

Citing the International Convention on the rights of the Child, 1989, the court underscored that the best interest of the child shall be the primary consideration and it is the responsibility of the society to promote breastfeeding in furtherance of that goal.

The court emphasised that NIMHANS, as an instrumentality of the State under Article 12 of the Constitution, must act as a model employer and treat claims for maternity and child care leave with due consideration. “A casual leave is a matter of routine whereas, maternity leave is a serious matter. So also, medical leave depending upon the nature of ailment. The significance of Child Care Leave also cannot be discounted,” the bench remarked.

The court also delved into the words of the indian ‘smrutikaaraas’ (authors of smritis) that declared ‘yatra naaryastu poojyante ramante tatra devataaha. Yatraitaastu na poojyante sarvaastatra aphalaaha Kriyaaha’, which translates to “where women are honoured, divinity blossoms there; where they are dishonoured, all action remains unfruitful’,” to highlight that the greatness of a civilization can be measured by observing how women and children are treated.

The court reiterated that the right to breastfeed is protected under Article 21 of the Constitution, which guarantees the right to life and personal liberty. The bench also dismissed NIMHANS’s assertion that granting leave to the nurse would significantly disrupt ICU operations, stating that “How absence of one such nurse would create unsurmountable difficulty, remains a riddle wrapped in enigma.”

Directing NIMHANS to comply with the CAT’s order immediately, the court noted, “What heavens would have fallen down if her request was favourably considered, is difficult to guess. The Tribunal in its well reasoned order has rightly granted relief to the employee.”

 

Cause Title: National Institute of Mental Health and Neurosciences vs. Smt S. Anitha Joseph [WP No. 11915 of 2024]

Appearances: Advocate Prabhakar Rao K. for the petitioner; Advocate Suraj Naik for the respondent