The Karnataka High Court underscored the importance of the rights of working mothers and their children, stating, “Breastfeeding is a human rights issue for both babies and mothers. It should be safeguarded and encouraged for the benefit of all.”

This observation came while the court upheld an order from the Central Administrative Tribunal (CAT), which had directed 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, led by Justice Krishna S. Dixit and Justice C. M. Joshi, emphasized the fundamental rights of lactating mothers to breastfeed their children and spend quality time with them, referencing both national and international frameworks that support maternal and child health. The court further noted that infants also possess a corresponding right to be breastfed.

The petitioner, NIMHANS, challenged the Central Administrative Tribunal's (CAT) February 2024 order, which had directed the institution to grant Child Care Leave (CCL) to Anitha Joseph, a nurse in the ICU. Joseph had applied for CCL from January 14, 2023, to May 14, 2023, to care for her infant. However, NIMHANS had refused, arguing that granting 120 days of leave to an ICU nurse would disrupt critical services. The respondent then sought relief from the CAT, which ruled in her favor, acknowledging the importance of breastfeeding and childcare during a child's early years. Unhappy with the decision, NIMHANS moved the High Court, seeking to annul the tribunal's order.

In its ruling, the court invoked the International Convention on the Rights of the Child, 1989, asserting that the best interests of the child must be the primary consideration and that it is society's responsibility to promote breastfeeding to further this objective.

The court emphasized that NIMHANS, being an instrumentality of the State under Article 12 of the Constitution, is obligated to act as a model employer. It must handle requests for maternity and child care leave with the utmost consideration and fairness, upholding the rights of its employees in line with constitutional principles.

“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