KARACHI: The Sindh High Court (SHC) has dismissed a petition challenging the Sindh Protection and Promotion of Breast-Feeding and Young Child Nutrition Act, 2023.
A two-judge bench comprising Justice Muhammad Junaid Ghaffar and Justice Mohammad Abdur Rahman ruled that the petition was misconceived and untenable.
Regarding the alleged refusal of the governor to give assent to the law, the bench noted that the governor has 10 days to either grant assent or return a bill with objections. In this case, however, the bill was returned after 21 days. As a result, it was deemed to have received the governor’s assent and became an act of the Sindh legislature.
Addressing the petitioners’ objections, the bench stated that the law provides a comprehensive framework, and the restrictions raised as concerns by the petitioners act as safeguards to prevent misuse and deception targeting unwary mothers.
Five infant formula companies had filed the petition, stating that the legislation negatively impacts their business operations, including the promotion, stocking, sale and distribution of their products.
They argued that the law imposes excessive and unreasonable restrictions, encroaching upon their rights.
The petitioners also contended that the legislation, being a matter of national policy, was enacted without consultation with stakeholders. They argued that the provincial assembly overstepped its legislative authority, enacting the law in violation of Article 116(2) of the Constitution.
However, federal and provincial law officers countered that the governor lacked the authority to withhold a bill beyond the 10-day period stipulated in the Constitution. Any objections to the bill must be raised within this timeframe. They also emphasised the importance of breastfeeding as the best option for infant nutrition, noting that Islamic injunctions endorse breastfeeding for a two-year period.
In its judgement, the SHC observed that the provincial assembly passed the bill on July 13, 2023, and sent it to the governor on July 21 for assent. The governor’s office returned the bill on August 11 with objections, consuming 21 days in the process. Consequently, the bill was deemed to have received assent as per Article 116.
The bench highlighted that Article 116 mandates the governor to act within 10 days of the bill’s presentation — either granting assent or returning the bill with suggested amendments. It further noted that allowing the governor to delay action, as in this case, would effectively enable obstruction of the legislative process, contrary to the Constitution’s intent.
The SHC emphasised that the Constitution entrusts the governor with discretion that must be exercised diligently and within the prescribed time frame.
Regarding the validity of the law, the bench stated that it was enacted in line with international obligations and guidelines from the World Health Organisation (WHO) to address the growing reliance on infant formula milk and its adverse effects.
The Sindh Protection and Promotion of Breast-Feeding and Young Child Nutrition Act, 2023 seeks to ensure adequate nutrition for infants and young children up to 36 months by promoting and safeguarding breastfeeding. It also aims to encourage healthy diets to prevent obesity and non-communicable diseases.
The Act prohibits the distribution, sale, stocking, or exhibition for sale of unregistered designated products with provincial or federal authorities.
“In essence, the law provides a complete framework, and the restrictions objected to by the petitioners serve as safeguards against misuse and deceptive practices targeting mothers,” the judgment concluded.
Published in Dawn, December 8th, 2024
