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Relevant International Laws and its impact:

11.Any debate on human rights begins with principles enunciated in universal declaration of human rights. Article 16 of UDHR states as follows:

"Article 16(3). The family is the natural and fundamental group unit of society and is entitled to protection by society and the State."

Article 25(2) of UDHR provides as follows:

"Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection."

30.Convention on rights of child, cast an obligation on the State to respect the responsibility, rights and duties of parents. ICESCR Convention also obligates the State to take special measures for protection of children without any discrimination. UDHR also mandates that motherhood and child are entitled for special care. A woman as a mother, in fact, discharges those obligations cast on her which the State had been mandated to protect under the International conventions and laws. The modern State is having a pervasive control over the family. The State declared right of children upto elementary school as a Fundamental Right. The State also under Juvenile Justice (Care and Protection of Children) Act, 2015 protects the best interest of the child. Any neglect in the welfare of child or failure to secure best interest in child would entail in taking over custody of the child by the State through its agencies. State invested its resources on children. It is in that background the care giving to a child by a mother has to be addressed. A woman cannot therefore be discriminated on account of her compelling family responsibility of care giving to a child.