Kerala High Court slams Child Welfare Committee for morally biased judgment against infant's mother

The Kerala High Court criticized the Child Welfare Committee (CWC) for its morally biased judgment in a child custody case, emphasizing the best interests of the child over moral judgments. The court quashed the CWC’s order that granted custody of a breastfeeding infant to the father, highlighting the mother’s right to breastfeed under Article 21 of the Constitution. Justice VG Arun noted that the CWC’s decision was influenced by the mother’s personal life choices, which should not impact custody decisions. The court stressed that the child’s welfare should be the primary concern and that the CWC’s role is to ensure the child’s best interests, not to pass moral judgments. The ruling underscores the importance of unbiased decision-making in child custody cases and the protection of fundamental rights, including the right to life and nutrition, which implicitly supports breastfeeding.