Compulsory Breastfeeding – Really Judge-Saab?

I am a strong proponent of breastfeeding. I agree with the ‘breast is best’ adage – it is wonderful for the baby's health and well-being; beneficial and convenient for the mother as well. I breastfed my own children for the better of four years, all told. And yet, I am revolted by the suggestion made by a judge recently: about compulsory breastfeeding; that new mothers should be required to do this mandatorily for their children.

Breastfeeding should be mandatory says Madras High Court judge

A judge of the Madras High Court has asked the central government why breastfeeding should not be made mandatory for all mothers. According to Justice Kirubakaran – this is the pronouncement of a male, it bears mentioning – being breastfed should be the fundamental right of every child. The judge also wants an increase in the number of days of maternity leave entitlement and the provision of crèche facilities and public breastfeeding facilities for facilitating easy breastfeeding of infants.

While he wanted that all women be compulsorily made to breastfeed, in particular, the judge wanted this to be made mandatory for women government employees availing maternity leave. He wants that women be made to breastfeed infants for two years. The judge wants celebrities to raise awareness about breastfeeding and its many benefits. Bizarrely he also wants women to give an undertaking that they would not have more than two children.

No, your Lordship, mandatory breastfeeding is a terrible idea

I'm with the judge insofar as his suggestions about raising awareness, creating crèches, and public facilities go; if businesses are able to offer extended maternity leave for women who need it, excellent!  However, his suggestion about making this mandatory is invasive and problematic at so many levels. For one, this would be a case of the state interfering in something that is strictly a matter of personal choice; a choice that law enforcement agencies have no business enforcing or regulating. Secondly, this is yet another way for others to control women and their bodies.

Many women are unable to breastfeed and are made to feel inadequate for this. Some women may find it painful or may choose not to breastfeed simply because they do not like it. They are made to feel guilty or as though they are somehow inferior mothers.

Some women decide not to breastfeed for career considerations and may decide to bottlefeed so that the father can also become involved in the process. In such cases, people tend to be disapproving and judgmental in the extreme. In some cases, breastfeeding may actually be detrimental to the mother’s health. Will the learned judge then insist that a woman breastfeed her infant at great cost to herself as well?

The learned judge has also waxed eloquent about the benefits of breastfeeding. To be sure, there are many benefits. However, the good judge seems to suggest that it is manna from heaven; which it is not. The studies that suggest that breastfed infants grow up to be smarter also seem to overstate their case.

Women already undergo significant shame and punishment for being unable to or choosing not to breastfeed. If the judge's ridiculous suggestions are implemented, this will be yet another expectation from women; a legal one at that!

Compulsory breastfeeding is also problematic because it reinforces the view that there are certain types of work that are ‘women’s work’ only. Women's need to breastfeed is often used as an argument to keep women out of the workforce; particularly out of certain types of jobs that continue to be the exclusive domain of men. Such ‘women’s work’ is also an excuse to deny or slow down women’s promotions or career advancements. The pressure to breastfeed makes a lot of women set aside their own aspirations and ambitions in favour of staying home to breastfeed and look after babies. This whole “breastfeeding is God’s plan for women” argument is just another way to rob women of their own agency. And because breastfeeding can only be done by women, it absolves men of having to make the kind of sacrifices that women are routinely expected to make.

If the laughable (but also angry-making) idea of compulsorily breastfeeding comes to pass, officials will have the right to force women to do something that no one else should have the right to decide. There are already so many things in an Indian woman’s life that are outside the purview of her own control; so many decisions that are simply made for her. Breastfeeding does not have to be one more; thanks very much for your suggestion Your Lordship.

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