Are Natural Birth Midwifery Centres safe? HC orders inquiry into one after death of newborn

Thiruvananthapuram: In response to a petition filed by a couple alleging that their newborn died because of improper care and medical treatment at a natural birthing centre, the Kerala High Court included the District Police Chief (Rural) Ernakulam as an additional respondent in the case on Friday to ensure that a proper inquiry is conducted into the circumstances surrounding the newborn's death.

The married couple moved to the court with an accusation against the Cochin Birth Village, a facility that provides midwifery care for natural births, of being responsible for the death of their newborn, which occurred within two days of his delivery at the centre. They alleged that the centre uses a midwifery model of care for delivery and projects itself as an alternative and healthier option than hospitals for childbirth.

Responding to the issue, a Single bench Justice Devan Ramachandran said "Taking note of the seriousness of the issues impelled, I suo motu implead the District Police Chief (Rural) Ernakulam, Office of the District Police Chief, Aluva, Kerala, as an additional respondent and direct the learned Government Pleader to obtain specific instructions from the said Authority, as to what action has been taken or is proposed against the 2 nd respondent and such other institutions."

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According to Livelaw, the petition filed by the married couple pertains to the tragic death of their newborn child two days after delivery at the Cochin Birthvillage, a facility that promotes natural and holistic childbirth following the midwifery model. 

The petitioners were represented by advocates Raghul Sudheesh, J Lakshmi, Bini Das, Elizabeth Mathew and Dharsana A. The key points and allegations made in their petition include:

1. The woman gave birth to her child on January 20, 2023, through a normal delivery. The couple claimed that the Cochin Birthvillage was ill-equipped and did not have the necessary facilities or skilled doctors available in case of a medical emergency during childbirth.

2. The newborn child had a visibly yellowish colour on his skin, indicating the possibility of infant jaundice. However, the petitioners alleged that the officials at the Cochin Birthvillage did not take this issue seriously and simply advised the couple to expose their baby to sunlight.

3. The petitioners alleged that the centre charged them more than Rs 88,000 for undergoing delivery. Apart from this, they also paid for other miscellaneous expenses at the centre.

3. The mother was discharged from the facility on January 22, 2023, after giving birth, and the discharge summary was signed by doctors who were neither present nor had examined her. After their discharge, the infant developed a high fever and died on the same day.

4. Despite the package availed by the petitioners including postnatal consultation, they were forced to seek care from other hospitals where it was declared that their 2-day-old son was brought dead. 

Later, the couple registered a criminal case against the centre under various relevant sections of the IPC. 

As reliefs, the petitioners seek that the birth centres that follow the midwifery model of birth be regulated by the National Nursing and Midwifery Commission Act, 2023. The plea stated that even the 2023 Act does not comprehensively deal with midwifery birth centres and thus new rules have to be formulated for regulating such institutions.

"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 stated.

The Court asked the concerned grama panchayat to inform it as to whether it had granted the necessary licences to Cochin Birthvillage. Additionally, the court pointed out that it is important to determine if they obtained the required clearances and licenses from the competent authorities as per the relevant statutory framework.

The matter will be heard next on November 9.

To view the official order click on the link below:

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