In a recent development, the Sindh High Court received information regarding a provincial legislation aimed at promoting breastfeeding, which was adopted by the Sindh Assembly in July 2023. Despite the governor returning it without assent, the legislation was enacted and notified in the official gazette by the government in September.
The Sindh Protection and Promotion of Breastfeeding and Young Child Nutrition Act, 2023 faced opposition from five firms, including Nestle Pakistan and The Searle, based in Lahore. These firms took their concerns to the SHC against the Act.
During the hearing led by Acting Chief Justice Aqeel Ahmed Abbasi, the petitioners, representing the five infant formula firms, emphasized their role as manufacturers, importers, and suppliers of infant formula. They highlighted that specific provisions in the legislation aimed to further restrict access to products contributing to infant nutrition.
Advocate Arshad Tayebaly, representing the petitioners, argued that the legislation’s passing violated Article 116(2) of the Constitution. He pointed out that despite the Sindh governor returning the bill without assent, it wasn’t reconsidered by the assembly before the lapse of its term, raising constitutional concerns.
The lawyer highlighted that certain sections of the legislation contradicted previous ordinances and Acts related to breastfeeding and child nutrition, alleging a violation in the enactment process. Additionally, he questioned the legislative procedure, raising concerns about the notification of the Act when the assembly had already dissolved.
The bench, led by Acting Chief Justice Aqeel Ahmed Abbasi, ordered notices to be issued to respondents and legal representatives for further proceedings, scheduling a date for December 7, 2023.
The legal tussle presents a complex scenario, pitting the legislation promoting breastfeeding against concerns raised by infant formula firms, setting the stage for an intense legal debate.
Acknowledgement: Daily Dawn