Authorities Will Do Needful To Prevent Illegal Abandonment Of Newborn Babies : Kerala High Court

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

The Court was hearing a public interest litigation filed by a native of Kollam regarding the issue of illegally abandoning newborn infants on the streets, especially near Bathani Chapel in Valakom, Kollam. He alleged that no positive actions were taken by the police even after the registration of three FIRSs in this regard under the IPC and Juvenile Justice (Care and Protection of Children) Act, 2015.

He averred that a baby girl who was not even a week old was abandoned in Valakom Bathani Chapel which led to the registration of the third FIR in January 2023. The petitioner alleged that despite filing representation before the respondents, a proper investigation was not conducted and actions were not taken.

The petitioner stated that abandoning children on the streets was a distressing and unlawful act that would affect their well-being and safety. He submitted that abandoning children on the streets violated their fundamental rights under Article 21 of the Constitution. He further stated that children require love and care, and abandoning them violated their right to receive care and protection. 

“Children have the right to care, protection and a safe environment to grow and develop. Abandoning a child not only endangers their physical and emotional well-being but also deprives them of their basic rights to love, care and support,”, the petitioner submitted.

The petitioner thus sought the Court to direct the respondents to take all necessary steps to prevent the illegal abandonment of babies in Bathani Chapel in Valakom, Kollam. He also sought direction from the Court for constituting a special investigation team for carrying investigation into the illegal abandonment of newborn babies.

Counsel for the petitioner: Advocates Syam J Sam and Meera Babu

Counsel for the respondents: State Attorney N Manoj Kumar, Government Pleader K R Ranjith

Citation: 2023 LiveLaw (Ker) 654

Case title: Alex Mampuzha @ Alexander K v State Police Chief

Case number: WP(C) NO. 37209 OF 2023

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