{"id":2637,"date":"2024-12-16T11:26:58","date_gmt":"2024-12-16T05:56:58","guid":{"rendered":"https:\/\/xpertslegal.com\/blog\/?p=2637"},"modified":"2024-12-16T11:26:58","modified_gmt":"2024-12-16T05:56:58","slug":"karnataka-high-court-upholds-lactating-mothers-right-to-child-care-leave-as-a-fundamental-right","status":"publish","type":"post","link":"https:\/\/xpertslegal.com\/blog\/karnataka-high-court-upholds-lactating-mothers-right-to-child-care-leave-as-a-fundamental-right\/","title":{"rendered":"Karnataka High Court Upholds Lactating Mother\u2019s Right to Child Care Leave as a Fundamental Right"},"content":{"rendered":"

NATIONAL INSTITUTE OF MENTAL HEALTH AND NEUROSCIENCES (NIMHANS)\u00a0 [<\/strong>PETITIONER]\u00a0 \u00a0Vs.\u00a0 <\/strong>SMT. S ANITHA JOSEPH\u00a0 [<\/strong>RESPONDENT]<\/h1>\n

WRIT PETITION NO. 11915 OF 2024 (S-CAT)<\/p>\n

(2JB, CORAM: HON’BLE MR JUSTICE KRISHNA S DIXIT and HON’BLE MR JUSTICE C M JOSHI)<\/p>\n

 <\/p>\n

The Karnataka High Court upheld a Central Administrative Tribunal (CAT) order granting 120 days of Child Care Leave (CCL) to a nurse, emphasizing that a lactating mother has a Fundamental Right to breastfeed her baby and spend adequate time for its upbringing<\/strong>. This right, along with the baby\u2019s right to be breastfed, is safeguarded under Article 21 of the Constitution<\/strong> as part of the right to life and personal liberty.<\/p>\n

The case arose when the National Institute of Mental Health and Neuro Sciences (NIMHANS) denied a nurse\u2019s request for 120 days of CCL, citing potential disruptions in the functioning of the ICU, where the nurse was employed. The employee approached the CAT, which directed NIMHANS to approve her leave request and provide the necessary benefits within eight weeks. NIMHANS challenged this decision before the Karnataka High Court, arguing that leave is not an inherent right of employees and that prolonged absence could adversely impact hospital operations.<\/p>\n

A Division Bench comprising Justice Krishna S. Dixit and Justice C. M. Joshi dismissed NIMHANS’ contentions, reaffirming the CAT\u2019s order. The Court highlighted that India, as a signatory to various international conventions, recognizes the significance of a mother\u2019s role in nurturing her child, particularly during its formative years. The Bench stated, \u201cA lactating mother has a Fundamental Right to breastfeed her baby and spend reasonable time with it, and the baby too has a corresponding right to be breastfed. These rights are interwoven and form a single, inseparable entity under the umbrella of Article 21.\u201d<\/p>\n

Addressing the petitioner\u2019s argument about the potential disruption caused by the nurse\u2019s absence, the Court noted that NIMHANS employs over 700 nurses, 70% of whom are women. It found the claim of operational hardship due to one nurse\u2019s absence unconvincing, remarking, \u201cHow the absence of one such nurse would create insurmountable difficulty remains a riddle wrapped in an enigma\u2026 What heavens would have fallen if her request was favorably considered, is difficult to guess.\u201d<\/p>\n

The Court emphasized that NIMHANS, as an instrumentality of the State under Article 12 of the Constitution<\/strong>, is expected to act as a model employer. It remarked, \u201cIt cannot be oblivious to the fact that it is the mother who is best positioned to determine what is in the best interest of her growing baby.\u201d The High Court concluded that the CAT\u2019s decision was well-reasoned and just, observing that it appropriately prioritized the employee\u2019s and her baby\u2019s rights. It rejected NIMHANS’ petition, deeming it devoid of merit, and upheld the grant of 120 days of CCL to the nurse. The judgment reinforces the constitutional protection of motherhood and the significance of parental care during a child\u2019s early years, setting a strong precedent for safeguarding such rights in the workplace.<\/p>\n\n","protected":false},"excerpt":{"rendered":"

NATIONAL INSTITUTE OF MENTAL HEALTH AND NEUROSCIENCES (NIMHANS)\u00a0 [PETITIONER]\u00a0 \u00a0Vs.\u00a0 SMT. S ANITHA JOSEPH\u00a0 [RESPONDENT] WRIT PETITION NO. 11915 OF 2024 (S-CAT) (2JB, CORAM: HON’BLE MR JUSTICE KRISHNA S DIXIT and HON’BLE MR JUSTICE C M JOSHI)   The Karnataka High Court upheld a Central Administrative Tribunal (CAT) order granting 120 days of Child Care […]<\/p>\n","protected":false},"author":1,"featured_media":2639,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[12],"tags":[],"class_list":["post-2637","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-judgement"],"_links":{"self":[{"href":"https:\/\/xpertslegal.com\/blog\/wp-json\/wp\/v2\/posts\/2637","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/xpertslegal.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/xpertslegal.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/xpertslegal.com\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/xpertslegal.com\/blog\/wp-json\/wp\/v2\/comments?post=2637"}],"version-history":[{"count":1,"href":"https:\/\/xpertslegal.com\/blog\/wp-json\/wp\/v2\/posts\/2637\/revisions"}],"predecessor-version":[{"id":2640,"href":"https:\/\/xpertslegal.com\/blog\/wp-json\/wp\/v2\/posts\/2637\/revisions\/2640"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/xpertslegal.com\/blog\/wp-json\/wp\/v2\/media\/2639"}],"wp:attachment":[{"href":"https:\/\/xpertslegal.com\/blog\/wp-json\/wp\/v2\/media?parent=2637"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/xpertslegal.com\/blog\/wp-json\/wp\/v2\/categories?post=2637"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/xpertslegal.com\/blog\/wp-json\/wp\/v2\/tags?post=2637"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}