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The court set aside an order of a Child Welfare Committee handing over the custody of a breast-fed child to his father.
The Kerala High Court on Friday said that on moral grounds the petitioner (mother) may not be a good person, but that does not make her a bad mother. The court said this while canceling the order of a Child Welfare Committee in which the custody of the breastfed child was handed over to his father. The mother had filed a petition in the High Court against the order.
The committee believed that the child would not be safe with his mother as she had eloped with her father-in-law. The court said in its order that the mother breastfeeding the child and breastfeeding the child is part of the right to life under Article 21 of the Constitution.
Quashing the committee’s decision, Justice VG Arun said that the committee’s order reflected the moral bias of its members. The sole concern of the committee should be the welfare of the child. That the child’s mother has chosen to live with someone other than her husband should not be a matter of concern to the Committee. Discriminatory decisions are always made due to personal moral values.
The court said that the committee’s order reflects the moral bias of its members. The sole concern of the committee should be the welfare of the child. (symbolic picture)
The court said – the child did not get love, which is most important The petitioner mother’s counsel had argued that separating the one-year-old, four-month-old child from his mother is a violation of the child’s right to breastfeed and to be breastfed. This right is an aspect of the right to life under Article 21 of the Constitution.
The court expressed surprise that the committee did not take into account that the child was being breast-fed. The court said that the child had to remain separated from his mother for about a month. Due to this he did not get the care, comfort and love which is most important. The order was passed in violation of the principles of natural justice, thereby violating the fundamental rights of the petitioner as well as the child.
Kerala High Court said – changing name in religious conversion certificate is necessary
In July 2024, the Kerala High Court said in a case related to religious conversion that the demand for change of caste or religion in the education certificate should not be rejected because there is no legal provision for it.
Justice VG Arun said that after religious conversion, the institutions will have to make necessary amendments in the certificate. Even though there is no rule in the school certificate to change name on the basis of religious conversion. This does not mean that a person should be tied to any one religion on the basis of his birth.
The court said that under Article 25 (1) of the Constitution, any person is guaranteed to adopt any religion of his choice. If a person adopts any other religion using this freedom, then it is necessary to make corrections in his documents. Read the full news…
Kerala High Court – There is no legal provision, hence permission to extract a person’s sperm The Kerala High Court approved the cryopreservation of sperm from a seriously ill person. His 34-year-old wife had petitioned the court for this, so that she could become a mother with the help of Assisted Reproductive Technology (ART). The couple has no children.
The petitioner’s argument was that the sick person was not in a position to give consent. Moreover, his condition is getting worse day by day. On this, the court gave permission to extract the sperm of the sick person without his written consent.
There is a provision in Section 22 of the ART Regulation Act that for treatment with ART, written approval of all parties is necessary. All parties refer to husband and wife. Apart from this, written consent also has to be given while donating sperm or egg. Read the full news…
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