‘Mother’ moves HC for 65-day infant’s custody

Saurabh Malik

Tribune News Service

Chandigarh, October 16

A “mother” of a 65-day infant today moved the Punjab and Haryana High Court alleging that the Mohali District Child Welfare Committee was not even allowing her to breast-feed. The infant was handed over to the committee after he was allegedly stolen from the GMSH, Sector 16, where the “mother” was being treated for excessive bleeding at the time of delivery.

Seeking directions for the infant’s release from the committee’s custody, the petitioner, through counsel Dhiraj Chawla, alleged that the panel was “highly insensitive and callous”. It was continuing with the child’s custody in a completely illegal manner, violating in the process the fundamental rights of an infant to have mother’s milk extremely crucial for his health and immunity.

The matter was placed before Justice Daya Chaudhary’s Bench and would come up for resumed hearing on November 2.

In her habeas corpus petition, the woman alleged that a neighbour attending her took away the newborn while she was “intoxicated” under the influence of medicines. She left against medical advice before confronting the neighbour. But the latter flatly refused and demanded Rs 30,000, purportedly spent on the petitioner’s medical treatment.

The petitioner added that the refusal to hand over the child forced her, other neighbours and local residents to block the highway demanding immediate action. The entire episode was even reported by the local media, following which the neighbour was asked to hand over the child to the committee, despite stiff opposition from the petitioner and the public at large.

Her counsel added that the petitioner had since then been visiting the committee with a request for handing over the child to her and to at least allow her to breastfeed. But the committee declined on the pretext of an ongoing inquiry to establish the paternity of the child.

The petitioner claimed that the committee was completely blind to the fact that the neighbour, who allegedly stole the child, too had admitted that he was removed from her custody.

The birth of a male child to her was further confirmed by the government, the petitioner claimed.