9-Month Baby’s Writ: Groundbreaking Judgment on Setting Up a Breastfeeding Corner

Md. Shawkat Alam Faisal: The full copy of the judgment passed by the High Court has been published directing the setting up of breast feeding corners in public places like workplaces, airports, bus stands, railway stations, shopping malls, and in government-controlled, managed, and statutory, autonomous, and public-private institutions. This is the first time in the judicial history of Bangladesh that such a judgment has been given against the writ of a 9-month-old child.

The 6-page verdict was released on Tuesday (September 19) after the signatures of the two judges who delivered the judgment—Jubair Rahman Chowdhury and Kazi Ibadat Hossain. In the observation of the High Court judgment, the matter of children drinking mother’s milk is very sensitive and important. There is no denying that a baby needs breast milk from birth to 2 years. In most cases, mothers are working in various public and private sectors. Therefore, it is necessary to have a breast-feeding room in all types of institutions. All public places, including shopping malls, bus terminals, railway stations, and launch gates, need to have breast-feeding rooms so that all mothers can breastfeed their babies. No mother and child should be put in a painful situation like the petitioners in this writ.

In the verdict, the court also said that the breastfeeding rooms should be safe and well-equipped with good ventilation so that mothers can use them comfortably. The judgment commended the airport authorities for setting up breast-feeding corners, saying they have taken positive steps, which this court appreciates. Although many places already have breast-feeding rooms, other public places need to do so. The court expressed hope that all concerned authorities would take all steps to set up breast-feeding rooms for mothers within the earliest reasonable time. The petitioner expressed sincere thanks to the lawyer, Ishrat Hasan, for presenting this matter of public importance to the court while observing the judgment in the court. At the end of the judgment, the court mentioned that never before had a 9-month-old child filed a writ. This child made history.

Umair went to visit Cox’s Bazar with his parents. Arrive at Cox’s Bazar Airport on the way back to Dhaka after visiting the beach. There are unavoidable flight delays of several hours. But there he was, in danger. The child cries with great hunger. To stop the crying, the mother took the initiative to breastfeed. But his mother was not getting any environment to breastfeed the baby. After coming to Dhaka, the 9-months-old baby Umair bin Sadi and his mother, Advocate Ishrat Hasan, filed the writ on October 24, 2019.

This is the first writ for a 9-month-old child in the High Court of Bangladesh. The writ petitioner for the minor child had to seek court permission at that time. In the writ, the Cabinet Secretary, Secretary of the Ministry of Women and Child Welfare, Health Secretary, Social Welfare Secretary, and Aviation and Tourism Secretary are made defendants. According to the writ, the breastfeeding corner should be set up in such an environment that no mother will feel any discomfort in breastfeeding her child or be sexually harassed. It must be confirmed.

Hearing the writ on October 27 of that year, the High Court asked why not take the necessary steps to establish breast-feeding and baby-care corners in public places like workplaces, airports, bus stands, railway stations, shopping malls, and government-controlled, managed, and statutory, autonomous, and government institutions. He asked to know and issued a rule.

Later, following the rule hearing, on February 18, 2020, the bench of Justice M. Enayetur Rahim and Justice Mostafizur Rahman ordered the establishment of breast-feeding rooms in factories and mills across the country within two months. After this interim order of the court, breast-feeding corners were set up in various institutions and public places.

This is a landmark verdict to protect the rights of mothers and children. This judgment is undoubtedly a historic one on the right to life, one of the fundamental rights recognized in Article 32 of our Constitution. Four years of legal battle for the lawyer and the petitioner in the high court have been successful. The court has recognized their hard work in the judgment. It is obvious that Bangladesh will create an example for the whole world, which will be followed by other countries in the world, if breast-feeding rooms and baby care corners are completed everywhere, according to the court’s verdict.

The author is an LL.B (Hons.) Graduate and LL.M (International Law) Candidate at the Department of Law, University of Rajshahi.