'Mother's Milk Is The Best Food': Orissa HC Urges Strict Enforcement Of Law On Infant Milk Substitutes

The Orissa High Court has stressed the importance of breastfeeding and urged the Odisha Government to strictly implement the statutory framework regulating infant milk substitutes, feeding bottles and infant foods.

A Division Bench comprising Chief Justice Harish Tandon and Justice Chittaranjan Dash made the observations while disposing of a Public Interest Litigation alleging indiscriminate use and distribution of milk powder and other supplements in the State despite the Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992.

'Mother's Milk is the best food'

The Court observed that there was no doubt that "mother's milk is the best food" for the development of neonatal and infant children.

At the same time, the Bench acknowledged that there may be situations where supplements in the form of milk or food are required for an infant's survival.

However, it made clear that such supplements should not be used indiscriminately or become a substitute for breastfeeding where they are not necessary.

The Court observed that "the use of the supplement should be regulated and not to be used for all time to come."

1992 Law regulates Advertising and Distribution

The Bench noted that the 1992 legislation was enacted specifically to regulate the production, supply and distribution of infant milk substitutes, feeding bottles and infant foods, with the objective of promoting and encouraging breastfeeding as a natural source of sustenance for newborns.

The Court further noted that the Act contains regulatory measures and prohibitions on advertising and publication, including requirements for information to be printed on containers and packets sold in the market.

According to the Bench, the "summum bonum" of the legislation is to curb advertising, publications and indiscriminate distribution and sale of infant milk substitutes, as such practices could undermine the objective of promoting breastfeeding.

Court finds no material to substantiate indiscriminate use claim

The PIL had highlighted the alleged widespread and indiscriminate use of milk supplements, claiming that such products were readily available throughout the State.

The High Court, however, noted that it did not find material corroborating this particular assertion. At the same time, it pointed out that the 1992 Act already contains exhaustive provisions covering various aspects relating to milk supplements.

Rather than keeping the PIL pending, the Court expressed its expectation that the State would take all possible steps contemplated under the statute.

State told to implement every provision of the Act

The Bench said: "We trust and hope that the State will put each and every provision of the said Act to its reality by virtue of an implementation and if the situation so arises, shall take all possible steps against the persons found violating such provisions."

The Court accordingly held that there was no purpose in keeping the writ petition pending and disposed of it with the above observations.

Case Title - Subrata Kumar Sahoo v State of Odisha and others