Kerala High Court issues notice to Cochin Birthvillage on plea highlighting death of newborn, unregulated midwifery

The Kerala High Court recently issued notice to Cochin Birthvillage, a birth centre, after a plea was filed highlighting the death of a child two days after he was born at the birth centre..Cochin Birthvillage, which is located in Ernakulam district, claims to facilitate "holistic" births using the midwifery model.Justice Devan Ramachandran issued notice to the birthvillage and to its Director of Operations, Priyanka Idicula, after the State government informed the Court that no licence had been issued to them for midwifery services.The counsel for the concerned grama panchayat also informed the Court that while the birthvillage had been given a licence for the operation of a paramedical institution and hospital, it was not a licence to operate a midwifery model institution..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.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Council Act, 1947 was in place and that the same was not comprehensive enough to regulate midwifery.This act has been repealed since then and replaced by the National Nursing and Midwifery Commission Act, 2023.However, the petitioners contended that even this new statute does not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 23. .The petitioners were represented by advocates Raghul Sudheesh, J Lakshmi, Bini Das, Elizabeth Mathew and Dharsana A.