MP HC grants newborn’s custody to mother, a minor rape survivor
Bhopal: The Madhya Pradesh high court has granted custody of a newborn baby to his mother, a minor rape survivor, under guardianship of her parents when she prayed for it.
The single-judge bench of Justice Avanindra Kumar Singh has also directed the state government to extend the necessary help to the mother and her parents as per law to ensure them to nurture the child.
“There is no doubt that mother of newly born baby is the best person in the world to look after the baby and if she wants to take care of her baby then it is in the interest of mother as well as newly born child. Therefore, it is directed that custody of newly born child be given to her minor mother (prosecutrix) under guardianship of her parents”, the court observed.
The minor rape survivor and her parents had earlier pleaded the court to grant permission to medically terminate her 32 weeks and six days old pregnancy despite the risk associated with it since she did not wish to carry the pregnancy.
The court had earlier granted the permission for premature delivery/ termination of foetus of 32 weeks and six days of the minor rape victim, citing it as rare circumstances.
The court had then also directed that if the child is born alive then the state government has to take care of the child and certain conditions were also imposed.
The rape survivor has moved the court again after she gave birth to a male child praying for the custody of the newborn.