Bhopal (Madhya Pradesh): The principal bench of Madhya Pradesh High Court at Jabalpur has granted custody of a child to a minor rape victim following a preterm delivery.
Earlier, the court in its order dated December,2024 had directed that if the child was born alive, the state government would be responsible for the baby’s care. After the child was born alive, the minor rape victim from Sagar and her parents filed an application seeking custody of the baby.
The single bench of High Court Justice AK Singh modified the previous order and granted custody of the child to the minor and her parents. The minor rape victim minor had filed an application in the court of the special judge requesting permission for a premature abortion.
The high court had directed Hamidia Hospital Bhopal to submit the medical report of the minor. As per the report the minor was 32 weeks and 6 days pregnant. On December 27, 2024, after reviewing the report, the court permitted the preterm delivery.
The order then stated that if the child was born alive, the state government would take care of the baby. The minor victim gave birth to a healthy boy in the hospital on 1 January 2025. As per the court’s order, the child since it was alive was to be taken care of by the government, however, the minor and her parents wanted to keep the baby.
Therefore, they approached to the High Court for custody of the baby... On Saturday, a special single bench of Justice AK Singh heard the petition via video conferencing. During the hearing, the victim, her mother, and the attending doctor participated virtually. The minor and her mother expressed their desire to have custody of the child.
The HC in its observation remarked, "There is no doubt that the mother of a newborn is the best person in the world to take care of him. If she wants to take care of her child, then it is in the interest of the mother as well as the newborn. It is also directed that the State government shall provide a helping hand to the prosecutrix and her parents wherever and whenever it is necessary as per law in this regard.”
