The Rajasthan High Court has stayed an administrative transfer order issued to a government employee who is nursing a two-month-old infant, declaring that the rights to motherhood, maternal care, and breastfeeding are integral components of the right to life protected under Article 21 of the Constitution of India. The judicial bench granted interim protection to the petitioner, preventing departmental authorities from displacing her from her current posting.
In a progressive judgment emphasizing reproductive rights and child welfare, the court underscored that the state has a constitutional obligation to foster supportive workplace environments for working mothers rather than imposing punitive or disruptive transfers during early postpartum months. The bench urged the Rajasthan state administration to formulate a comprehensive transfer policy explicitly exempting lactating mothers and primary caregivers from routine administrative relocations until children attain a specified developmental age. The court stressed that an infant’s right to nourishment and parental proximity cannot be sacrificed for bureaucratic convenience.
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Sources:
https://www.livelaw.in/high-court/rajasthan-high-court/rajasthan-high-court-stays-transfer-mother-infant-urges-state-frame-policy-556071