Shivangi Prakash-
Published On: September 30, 2021 at 12:00 IST
Breastfeeding is an ‘Inalienable’ and ‘Inseparable’ Right of a Woman, according to the Karnataka High Court, and is fundamental right under Article 21 of the Constitution.
The Court has stated that the infant’s right must be merged with the mother’s.
The ruling was issued by Karnataka High Court Bench led by Justice Krishna S. Dixit, who was hearing a Habeas Corpus Plea brought by a mother from Bengaluru whose baby was kidnapped from a hospital.
In May 2020, a Psychiatrist allegedly kidnapped the baby and gave it to the couple in Koppal.
The Mother had begged with the Court to have her child returned to her from the couple who are currently providing for the baby.
The Court has ordered that the infant be handed over to the biological mother by the couple.
The Bench expressed regret at the fact that newborn babies were not breastfed, “In a civilized society such things should not occur. It is to be recognized that breastfeeding is the inseparable right of a mother“, the Bench said.
The Foster Mother’s Lawyer argued that the biological mother already has two children, whereas the foster mother had none and had breastfed the infant with all the love and compassion she could muster.
The Court, however, rejected the Counsel’s request that the baby be returned to the foster mother’s custody. In the case of a newborn, the Court has stated that strangers’ rights cannot be recognised as opposed to biological parents’ rights.
The Foster Mother from Koppal, convinced of the biological mother’s rights, has given the baby to her. The Biological Mother has consented to allow the foster mother to visit whenever she wants.
Justice Dixit praised the kindness of both mothers, who were of different religions, and stated he had never seen anything like it before.
The Court also stated that no action will be taken against the foster parents in connection with the child’s kidnapping.
The newborn child was allegedly kidnapped from a Bengaluru maternity facility. The Accused sold it for money to a couple from Koppal who claimed the child was born through surrogacy.
The Police, on the other hand, solved the case and apprehended the Accused Psychiatrist, as well as tracking the youngster to Koppal. The Biological Mother’s and Foster other’s Petitions were both dismissed by the Court.
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