Kerala High Court Ensures Action Against Illegal Abandonment of Newborns

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Published on: November 18, 2023 at 11:41 IST

The Kerala High Court has asserted that the State Police Chief, District Police Chief (Rural) Kollam, Station House Officer (Kottarakara Police Station), and Secretary of Ummanoor Grama Panchayath (Valakom, Kollam) will take necessary measures to prevent the unlawful abandonment of newborn babies, particularly in the vicinity of Bathani Chapel in Valakom, Kollam district.

Chief Justice A.J. Desai and Justice V.G. Arun conveyed, “As far as the prayers are concerned, we are of the considered opinion that the respondent authority will do the needful.”

The court addressed a public interest litigation prompted by a Kollam resident concerning the issue of newborn infants being abandoned illegally on the streets, specifically near Bathani Chapel in Valakom, Kollam.

The petitioner alleged a lack of positive actions by the police, even after the registration of three FIRs in 2023 under the IPC and Juvenile Justice (Care and Protection of Children) Act, 2015.

The petitioner highlighted a distressing incident where an infant girl, not even a week old, was abandoned at Valakom Bathani Chapel, leading to the registration of the third FIR in January 2023. Despite representations made to the respondents, the petitioner claimed that a proper investigation had not been conducted.

Emphasizing that abandoning children on the streets violated their fundamental rights under Article 21 of the Constitution, the petitioner stressed the need for love and care for children, asserting that abandoning them infringed on their right to receive care and protection.

The petitioner sought the court’s direction for the respondents to take necessary steps to prevent the illegal abandonment of babies in Bathani Chapel, Valakom, Kollam. Additionally, the petitioner urged the court to constitute a special investigation team to probe the illegal abandonment of newborns.

Case citation: Alex Mampuzha @ Alexander K v State Police Chief,

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