Couple Moves Kerala High Court Seeking Regulation Of Midwifery Child Birth Centres Following Death Of Newborn

Justice Devan Ramachandran noted that the issue was serious and required quick action from the competent authorities. It directed thus:

“Taking note of the seriousness of the issues impelled, I suo motu implead the District Police Chief (Rural) Ernakulam, Office of the District Police Chief, Aluva, Kerala, as an additional respondent and direct the learned Government Pleader to obtain specific instructions from the said Authority, as to what action has been taken or is proposed against the 2nd respondent and such other institutions.”

During the hearing, Counsel for the petitioner, Advocate Raghul Sudheesh submitted that the Cochin Birth Village was still operational, and many mothers are being lured into their services by fanciful and misleading advertisements through social media and newspapers.

The Court enquired whether the Cochin Birth has licenses and clearances from the competent authorities for functioning. It also noted that the petitioners have not received post-mortem report of their child.

The petitioner-couple welcomed their child on January 20, 2023 through a normal vaginal delivery at the Cochin Birth Village. It was alleged that Cochin Birth Village is a birth center that uses midwifery model of care for delivery and projects itself as an alternative and healthier option than hospitals for childbirth. The petitioners contended that they paid more than eighty-eight thousand rupees as their bill for undergoing birth at Cochin Birth Village excluding other miscellaneous expenses.

The plea stated that institution was understaffed during the delivery and had no skilled doctors or other required facilities as promised. It was alleged that the child was born with yellowish skin tone and showed symptoms of infant jaundice and the staff at Cochin Birth Village took it lightly and did not give medication. The petitioners allege that they lost their baby due to lack of proper care and medical treatment from the Cochin Birth Village. The plea alleged that the petitioners and the newborn baby were discharged hurriedly on January 22, 2023 and subsequent to the discharge, the newborn baby developed high fever and died on the same day.

As reliefs, the petitioners seek that the birth centres which follow midwifery model of birth be regulated by the National Nursing and Midwifery Commission Act, 2023. The plea stated that even the 2023 Act does not comprehensively deal with midwifery birth centres and thus new rules have to be formulated for regulating such institutions.

The matter has been posted for further consideration on November 11, 2023.

Counsel for the petitioners: Advocates Raghul Sudheesh, J.Lakshmi, Bini Das, Elizabeth Mathew and Dharsana A.

Counsel for the respondents: Central Government Counsel Mini Gopinath, Government Pleader Vidya Kuriakose, Standing Counsel Abraham P. Meachinkara

Case title: Fathimathu Suhara v Union of India

Case number: WP(C) NO. 36379 OF 2023 

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