Kerala High Court declines to entertain Anupama’s petition

The Bench comprising Justice K. Vinod Chandran and Justice C. Jayachandran orally observed that there were no reasons why the court should become proactive as the child was not in any illegal custody.

 

A division Bench of the Kerala High Court on Tuesday declined to entertain a habeas corpus petition filed by Anupama S. Chandran, former SFI leader and daughter of a CPI(M) local leader in Thiruvananthapuram, seeking to produce and hand her the child who has been given up for adoption by her parents.

The Bench comprising Justice K. Vinod Chandran and Justice C. Jayachandran orally observed that there were no reasons why the court should become proactive as the child was not in any illegal custody. In fact, the child was in the custody of adoptive parents. Moreover, the Thiruvananthapuram Family court was already seized of the matter and taking steps on the issue.

The court asked the counsel for Anupama to think of withdrawing the petition and posted the case on Wednesday.

According to the petition of Anupama, her now one-year-old child has been given up for adoption by her parents without her knowledge. She added that she had been in the dark about the whereabouts of her baby for the past 12 months. Her parents had forcefully isolated the child from its biological mother under the cover of COVID-19 restrictions and given the child without the consent and knowledge of the petitioner to “Amma Thottil” run by Kerala State Council for Child Welfare. In fact, the council had not complied with the provision of the Juvenile Justice Act when it gave the child to the care home.

According to her, she gave birth to a baby boy on October 19, 2020, and after four days, the child was taken away by her parents without the consent and knowledge of the petitioner. She alleged that the police, child welfare committee, and her parents with a common intention had aided, abetted and conspired to isolate her child from its biological mother and denied it all the basic human rights of an infant. The child had been in illegal custody for more than one year.

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