The Karnataka High Court upheld the Central Administrative Tribunal’s (CAT) decision granting 120 days of Child Care Leave (CCL) to ICU nurse S Anitha Joseph, emphasizing the rights of working mothers and their infants. The court declared breastfeeding a vital human rights issue, underscoring its protection as crucial for both mother and child.
A division bench, led by Justice Krishna S Dixit and Justice CM Joshi, highlighted national and international frameworks like the International Convention on the Rights of the Child, asserting that children’s best interests must guide decisions. The court emphasized that institutions like NIMHANS, a state entity, must act as model employers, giving due weight to claims for maternity and child care leave.
NIMHANS had denied Joseph’s leave request, citing potential disruptions to ICU operations. The court dismissed this argument, calling the disruption claim “a riddle wrapped in an enigma” and stressing the societal obligation to support breastfeeding and child care during formative years.
Referencing Article 21 of the Constitution, the bench reiterated that breastfeeding is integral to the right to life and liberty. Citing ancient Indian texts, the court noted the treatment of women and children as markers of civilizational greatness.
In its directive, the court questioned, “What heavens would have fallen if her request was considered?” and ordered NIMHANS to comply with the CAT’s decision, reinforcing the importance of maternal and child welfare.
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