- 1 - 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: 1. THE PRINCIPAL SECRETARY DEPARTMENT OF AYUSH GOVERNMENT OF KARNATAKA DHANVANTRI ROAD BANGALORE - 560 009 2. THE PRINCIPAL SECRETARY LAW DEPARTMENT GROUND FLOOR VIDHANA SOUDHA BANGALORE - 560 001 KARNATAKA Digitally signed by AMBIKA H B Location: High Court of Karnataka - 2 - NC: 2025:KHC:16162-DB 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) - 3 - NC: 2025:KHC:16162-DB 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. - 5 - 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