A Plea On The Infrigement Of The Right To Privacy Of Single Mothers Filed In Kerala HC

CASE BACKGROUNDS

• The Kerala High Court on Friday held that a child brought into the world out of a live-in relationship and recognized so by the mother of the kid would need to be treated as a kid brought into the world to a wedded couple for the incentives behind giving up a kid for the treatment under Juvenile Justice Act, 2015.
• The child’s parents, one a Hindu and the other a Christian, had met during the terrible floods that unleashed destruction in Kerala in the year 2018. They were effectively working with NGOs during the emergency.
• With the increasing closeness, they decided to live together and settled at Ernakulam, 65 km from the parental place of the lady. The lady became pregnant in May 2019 and birthed a child, a young girl in February 2020.
• The couple later drifted away from each other and the man became intangible for a while. The woman’s endeavors to contact the man went unsuccessful, and at that point, she chose to give up the kid for adoption.
• The woman handed her child over to the Committee after her live-in partner moved to another State and called off the relationship for a while. The woman had even tried implementing a Deed of Surrender to hand her child in adoption in June.
• Picking up and recognizing the woman as an unwedded mother, the Committee continued to give the child up in adoption to a couple.

CASE PROCCEDINGS

• Notwithstanding, the couple later rejoined and moved toward the High Court via a habeas corpus request, looking for the arrival of their kid after they were denied the same by the Committee.
• Under the steady gaze of the High Court, the Government Counsel presented that the kid had effectively been surrendered for adoption.
• The Court, in any case, expressed that agreement of both the parents would be expected to be given to the kid for adoption if the mother recognizes the natural dad.

CASE RELEVANCE

• The Court said that while the State brags of 100% proficiency, the demeanor of individuals in the State towards ladies is "scorning". It stated that Kerala has 100% education, however demeanor towards ladies disgusting.
• Single parents are compelled to bear blame without help from framework.
• A lady feeling that she needs backing of man is the disappointment of the framework.
• The woman alone has right of decision on her body and parenthood and that the State should develop a plan to help single others.

WHAT DO YOU THINK ABOUT THIS CASE?