Kerala High Court Orders Custody of Child to Mother, Upholding Breastfeeding Rights

*October 29, 2024*Kerala: In a landmark ruling, the Kerala High Court has ordered that custody of a one-year-and-four-month-old child be granted to the mother, emphasizing the fundamental rights associated with breastfeeding and the child’s well-being. The court found that the Child Welfare Committee (CWC) had unjustly deemed the mother unfit based on subjective judgments rather than an objective assessment of her parenting capabilities.The court highlighted that for the CWC to exercise its powers under the relevant Act, it must establish that the child is in need of care and protection, specifically indicating that both parents must be unable to care for the child for the CWC to intervene. The court reiterated that the parens patriae principle allows the CWC to act only when biological parents fail to provide adequate care.Critically, the court noted that the CWC had overlooked the fact that the child was still being breastfed when custody was hastily awarded to the husband. The court accepted the mother’s argument that separating her from her breastfeeding child infringed upon her rights and the child’s right to nourishment, which are protected under Article 21 of the Constitution.Expressing dismay over the separation lasting nearly a month, the court criticized the CWC for not considering the emotional and developmental needs of the child. The ruling stressed that personal moral values should not dictate assessments of parental fitness, as seen in the CWC’s biased judgment regarding the mother’s living situation.In conclusion, the court declared that the previous custody order was legally unsound and violated the principles of natural justice. It directed the husband to return custody of the child to the mother and mandated the Station House Officer to ensure compliance with this directive, underscoring the importance of nurturing and the rights of both mother and child.