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Synopsis

The Madhya Pradesh High Court’s Jabalpur Bench has granted custody of a newborn baby to the minor mother, a rape survivor, under the guardianship of her parents.

The court, presided over by Justice Avanindra Kumar Singh, observed: “There is no doubt that mother of newly born baby is the best person in the world to lookafter 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 the guardianship of her parents.”

The court’s ruling came after the minor prosecutrix, who became pregnant as a result of rape, had previously approached the High Court, leading to an order on December 27, 2024, permitting the termination of her 32-week-and-6-day pregnancy. The court, at the time, imposed conditions requiring the State Government to care for the child if it were born alive.

Subsequently, a male child was born on January 1, 2025. Following the birth, the prosecutrix sought permission via an interlocutory application to modify the earlier order and allow her and her parents to keep custody of the child. The application, supported by affidavits from the prosecutrix’s parents, affirmed their intention to care for both the prosecutrix and the child. It was submitted that the prosecutrix’s parents were committed to ensuring proper nourishment, care, and breastfeeding for the newborn, which was previously restricted due to the earlier court order. The court was also assured of their cooperation in the ongoing investigation related to the rape case.

The respondent- State, represented by the Government Advocate L.A.S.Baghel, raised no objection to the request and confirmed that the newborn, currently in an ICU under medical care, could be handed over to the mother under the guardianship of her parents.

Emphasising the significance of the mother-child bond, the court also directed that arrangement be immediately made for natural breast feeding of mother milk to the child, which the court stated to be “like a nector (Amrit) for a newly born baby.”

Furthermore, the court instructed the State Government to assist the prosecutrix and her parents whenever necessary and bear all medical expenses related to the child and mother.

 

Cause Title: Prosecutrix X v. State of Madhya Pradesh & Others [WP No. 41809 of 2024]