Kerala High Court appalled after plea highlights unregulated midwifery institutions, death of newborn at Cochin Birthvillage

A petition has been filed before the Kerala High Court seeking directions to the Central government to frame regulations for birthing centres that follow the midwifery model for births. .The plea was filed after a newborn child died 2 days after his birth at one such institution, Cochin Birthvillage. The parents alleged that it was the lack of facilities and doctors at the institution that led to the death of the child.Justice Devan Ramachandran took a serious view of the matter and called for strict and quick action."Prima facie the allegations of the petitioners are serious enough to merit immediate attention of competent authorities. Raghul Sudheesh, counsel for the petitioners, informed this court that the Cochin Birthvillage is still operating and that many mothers are still being lured into their net by fanciful public relations and misleading advertisements," the Court recorded in its order. The Court asked the concerned grama panchayat to inform it as to whether it had granted the necessary licences to Cochin Birthvillage.It also suo motu impleaded the district police chief (rural) as an additional respondent and directed the government pleader to get specific instructions from the concerned authorities as to what action has been taken or is proposed against Cochin Birthvillage and other such institutions..Justice Ramachandran also orally expressed his disbelief at the popularity of such institutions in Kerala."I did not know that there was still a midwifery concept in Kerala. People are living by WhatsApp university. How tragic is this? Is this institution still running? I want to know. To deal with such matters in 2023 is baffling for me. People are going just anywhere but they won't go to a regular hospital. There are tested methods for all this but people are opting for untested, ex-facie fraudulent practices. I am not talking about the petitioners or this particular case. I am talking about the attitude of the citizenry in general. All of us are responsible", he remarked..The petition was moved by a married couple after their newborn died two days after he was delivered at the Cochin Birthvillage which claims to follow the midwifery model and conduct "natural" and "holistic" child births and post-partum care. According to the petitioners, the institution was neither equipped with the required facilities or skilled doctors in case of an emergency. The petitioner-couple stated in their petition that their child was born with evidently yellowish colour on his skin, indicating infant jaundice.However, the officials at the Cochin Birthvillage did not take the issue seriously and told the couple to expose their baby to sunlight, they alleged. .It was further alleged that the mother was discharged in a hurried manner the very next day after the delivery and the discharge summary was signed by doctors who were never present and had never examined her. Even though the package availed by the petitioners included post natal consultation, the petitioners were forced to approach other hospitals, where it was declared that their 2-day-old son was brought dead. A criminal case was subsequently registered. .Apart from seeking a proper post-mortem of their child and a proper investigation by the police, the petitioners pointed out that on the date their child was born, the Nursing Council Act, 1947 was in place and that the same was not comprehensive enough to regulate midwifery. This act has been repealed since then and replaced by the National Nursing and Midwifery Commission Act, 2023.However, the petitioners contended that even this new statute does not comprehensively deal with birth centres that follow the midwifery model.They argued that there is an urgent need to bring in rules to govern such birth centres and therefore, sought directions to the Central government to formulate appropriate regulations under the 2023 Act. .The matter will be considered next on November 9. .The petitioners were represented by advocates Raghul Sudheesh, J Lakshmi, Bini Das, Elizabeth Mathew and Dharsana A. .[Read Order]