Solely concern of committee ought to be greatest curiosity of kid: Courtroom (Representational)
Kochi:
A mom’s proper to breastfeed and that of a child to be breastfed are aspects of the suitable to life below Article 21 of the Structure, the Kerala Excessive Courtroom stated on Friday whereas quashing an order of a Youngster Welfare Committee (CWC) handing over custody of a breastfeeding toddler to the daddy.
The CWC had handed over custody of the infant to the daddy because it was of the view that the toddler wouldn’t be protected with its mom as she had eloped along with her father-in-law.
Quashing the CWC’s resolution and directing that the kid be handed over to the mom, Justice V G Arun stated the committee’s order displays solely the “ethical bias” of its members.
The courtroom additional stated that the CWC discovered the mom unfit “primarily based on the predilections of its members”.
“The one and solely concern of the committee ought to be the very best curiosity of the kid. That the mom of the kid has chosen to dwell with an individual apart from her husband isn’t the committee’s concern.” “Judged by the ethical requirements of the members, the petitioner (mom) might not be an excellent individual, however that doesn’t make her a nasty mom. Private ethical values at all times end in biased judgments. Sadly, the order displays nothing apart from the ethical bias of the committee members,” the courtroom stated.
The courtroom additionally expressed shock that the CWC didn’t bear in mind the truth that the toddler was being breastfed “whereas unexpectedly granting custody of the kid to the third respondent(father)”.
“The counsel for the petitioner is appropriate in her submission that, severance of a one yr and 4 month outdated child from its mom violates her proper to breastfeed the infant and that of the infant to be breastfed, such proper being a aspect of proper to life below Article 21 of the Structure,” the courtroom stated.
It additionally termed as “disheartening” the end result of the CWC order which resulted within the toddler being separated from its mom for nearly a month, “denying it the care, consolation and love which is most vital at this stage”.
The courtroom additionally noticed that the committee’s function would come up solely when each mother and father of a kid usually are not ready to deal with her or him.
“The CWC having failed to contemplate these essential elements, the impugned order can’t stand up to the scrutiny of legislation.” “… the impugned order is handed in violation of the ideas of pure justice, thereby impinging upon the basic rights of the petitioner in addition to the kid,” the courtroom stated.
The order got here on the mom’s plea, filed via advocate Bhanu Thilak, in search of custody of the toddler and difficult the CWC order.
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