Karnataka High Court
Mr. Munegowda vs The Principal Secretary on 21 April, 2025
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NC: 2025:KHC:16162-DB
WP No. 4803 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF APRIL, 2025
PRESENT
THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE K. V. ARAVIND
WRIT PETITION NO. 4803 OF 2024 (GM-RES-PIL)
BETWEEN:
1. MR. MUNEGOWDA
S/O. LATE SONNAPPA
AGED ABOUT 58 YEARS
R/AT MARALAKUNTE
BANGALORE
KARNATAKA - 562 149
...PETITIONER
(BY SRI B. VISWESWARAIAH, ADVOCATE)
AND:
Digitally
signed by 1. THE PRINCIPAL SECRETARY
AMBIKA H B
Location: DEPARTMENT OF AYUSH
High Court GOVERNMENT OF KARNATAKA
of Karnataka
DHANVANTRI ROAD
BANGALORE - 560 009
2. THE PRINCIPAL SECRETARY
LAW DEPARTMENT
GROUND FLOOR
VIDHANA SOUDHA
BANGALORE - 560 001
KARNATAKA
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WP No. 4803 of 2024
3. THE STATE OF KARNATAKA
REPRESENTED ITS CHIEF SECRETARY
VIDHANA SOUDHA
AMBEDKAR VEEDHI
BENGALURU - 560 001
4. THE CHAIRMAN
KARNATAKA STATE HUMAN RIGHTS
COMMISSION
1ST - 4TH FLOORS
5TH PHASE, MULTISTOREYED BUILDING
BANGALORE - 560 001
5. THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
TO GOVERNMENT HEALTH AND
FW DEPARTMENT
105, 1ST FLOOR
VIKAS SOUDHA
BANGALORE - 560 001
6. THE ADDITIONAL CHIEF SECRETARY
DEPARTMENT OF WOMEN AND
CHILD DEVELOPMENT AND
EMPOWERMENT OF DIFFERENTLY
ABLED SENIOR CITIZENS
GATE NO.3, 1ST FLOOR
M.S. BUILDING
DR. B.R. AMBEDKAR VEEDHI
BANGALORE - 560 001
7. MINISTRY OF AYUSH
AYUSH BHAVAN 'B' BLOCK
GPO COMPLEX, INDIA
NEW DELHI - 110 023
...RESPONDENTS
(SMT. NILOUFER AKBAR, AGA FOR RESPONDENT NOS.1, 3, 5
&6
SRI K. RAJASHEKAR, ADVOCATE FOR RESPONDENT No.4
SRI K. ARVIND KAMATH, ASGI FOR
SRI H. SHANTHI BHUSHAN, DSGI FOR RESPONDENT No.7)
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WP No. 4803 of 2024
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
ISSUE A WRIT OF MANDAMUS OR ANY OTHER WRIT
DIRECTING THE RESPONDENTS TO IMMEDIATELY PASS
NECESSARY ORDERS TO FULLY AND COMPLETELY STOP
THE OPERATIONS OF THE PRIVATE ORGANIZATIONS
INVOLVED IN COMMERCIALIZATION OF BREAST MILK IN ANY
FORM AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN
AS UNDER:
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
N. V. ANJARIA
and
HON'BLE MR JUSTICE K. V. ARAVIND
ORAL JUDGMENT
(PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) The petitioner claiming to be a public spirited person has filed this public interest petition who is concerned about the alleged unethical business of commercializing the breast milk in the country since last few years.
2. It is the case of the petitioner that certain organizations are collecting the breast milk from poor rural mothers by offering cash and paying in kind to induce them to sell the breast milk. -4-
NC: 2025:KHC:16162-DB WP No. 4803 of 2024
3. It is stated that the National Guidelines on Lactation Management Centres in Public Health Facilities by the Child Health Division, Ministry of Health and Family Welfare, Government of India-2017 provides that the donor of human milk dispensation requires informed consent from the parent or the guardian of the new-born who would be receiving the donor's human milk. The donor's human milk, in no case shall be allowed to be used for any other purpose apart from feeding the requirement of admitted sick babies and never for commercial purpose.
4. With such basic premise, the following prayers are made in the present petition, "(i) Directing the Respondents to immediately pass necessary orders to fully and completely stop the operations of the private organizations involved in commercialization of breast milk in any form.
(ii) Directing the Respondents to immediately pass necessary orders to fully and completely stop the operations of the private organizations involved in collection of breast milk.
(iii) Directing the Respondents to immediately pass necessary orders to fully and completely stop the operations of the any organizations acting or collecting breast milk on behalf of the private organizations involved in commercialization of breast milk.
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NC: 2025:KHC:16162-DB WP No. 4803 of 2024
(iv) Directing the Respondents 4 and 6 to immediately conduct a full-scale investigation into the violation of human rights and exploitation of rural women by the private organization involved in collecting and selling breast milk.
(v) Directing the Respondents 3 and 5 to recover the profits made by the private organization involved in collecting and selling breast milk since its inception."
5. In course of the hearing today, it was stated by learned Additional Solicitor General of India for Karnataka Mr. K. Arvind Kamath, that a private litigation in the nature of Writ Petition No.19352 of 2022 is filed by a private party in the very subject matter and the said petition is pending before learned Single Judge having been substantially heard.
5.1 Learned advocate Mr. B. Visweswaraiah for petitioner was unable to dispute the factum of the pendency of such similar petition which is a private interest litigation.
6. In the aforesaid view when the issue is dealt with by learned Single Judge, this Court is not inclined to exercise the public interest jurisdiction. Therefore, without going into any aspect of merit and without expressing anything on merit of the petition, the petition is not dealt with and disposed of. -6-
NC: 2025:KHC:16162-DB WP No. 4803 of 2024 It goes without saying that after the decision of learned Single Judge, the petitioner can avail remedies as may be available in accordance with law.
Sd/-
(N. V. ANJARIA) CHIEF JUSTICE Sd/-
(K. V. ARAVIND) JUDGE AHB List No.: 1 Sl No.: 3