Mother files Plea in Kerala HC claiming Illegal detention of daughter

woman jail illegal detention law insider

Alka Verma

Published On: November 1, 2021 at 19:45 IST

Recently, a woman has moved to Kerala High Court stating that her newborn daughter had been illegally detained by her grandparents.

Anupama S. Chandran, a 22-year woman has filed a Habeas Corpus Plea in Kerala High Court stating that her daughter is missing all the basic human Rights from more than one year because of the illegal detention.

The woman in her Plea claimed that the grandparents of the new-born baby, which means the parents of the woman, had illegally detained the baby.

Counsels R.K Asha Unnithan and Abhilash A.J., who filed the Petition claimed that grandparents have taken away the child without consent.

As stated in the Petition, the mother gave birth on 19th October 2020 and then her parents, who were present there, took the newborn away forcefully without the consent of the mother.

The woman in her Plea claimed that this all is a conspiracy to hide the identity of the newborn as her parents didn’t approve her relationship with her boyfriend.

The Petitioner claimed that she disclosed her pregnancy after 8 months, and still after such a long time of pregnancy she was forced to abort the child.

“The Petitioner strongly believes, the Respondents with a common intention had aided, abetted and conspired to isolate a 4-day old child from its biological mother and denied it all the basic human rights of an infant,” stated the Plea.

The woman also accused the Station House Officer, Perrorkada Police Station of being involved in this conspiracy as no actions were taken from SHO’s side after the lodging of Complaint.

“This amounts to institutional criminality. The Statutory Institutions, a Government organization and persons with fiduciary relationship (Grand Father & Grand Mother) who are bound to protect and care for an infant conspired together to separate and isolate the infant from its biological mother thereby denied the basic human rights guaranteed under Article 19 and 21 of the Indian Constitution,” stated the Plea.

In her Plea, the woman stated that she had filed this on behalf of a minor, and requested the Court to end this detention and let the child be free.

Also Read: What is the difference between Illegal Detention and Abduction?

What is Preventive Detention?

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