Kerala doctor moves HC Seeking Regulations for Home Births

The issue came to light after a Kozhikode couple filed a complaint with the Human Rights Commission, alleging that the city corporation refused to issue a birth certificate for their baby girl due to a lack of formal proof of birth. According to the complainant, she gave birth at her rented home in November 2024, but officials refused to issue the certificate as no formal records of the delivery existed. Dr Prathibha has invoked Article 226 of the Constitution, calling for judicial intervention to prevent further tragedies.

According to Onmanorama, Dr Prathibha, currently serving as a medical officer in Tanur, Malappuram, has expressed serious concerns about the rights of newborns, emphasizing that every child is entitled to medical care and legal recognition. Malappuram, which records the highest number of home births in the state, has also seen a rise in neonatal complications, she noted in her petition. The reasons behind choosing home births vary, but lack of medical supervision puts both mothers and infants at grave risk. "Some mothers fear hospitals and C-sections, others adhere to conventional beliefs, while some are reluctant to expose their bodies to medical staff. Financial constraints also play a role. Surprisingly, many of these women are well-educated, holding graduate or even postgraduate degrees, yet they continue to make conservative choice,” the petition stated. 

Babies born at home face survival challenges, seizures, and nervous system disorders, while mothers are vulnerable to severe bleeding, cardiac arrest, infections, and complications such as retained placenta. "Often, when home births lead to complications, families rush the mother and baby to the hospital, claiming the birth happened suddenly on their way. Some even keep a vehicle on standby in case of emergencies, falsely assuring themselves of preparedness," she says.

According to the Daily, despite the widespread practice of home births in Malappuram, families often conceal their plans, making it difficult for authorities to intervene."Expectant mothers attend routine check-ups, undergo scans, and follow medical advice, but when the time comes, they secretly give birth at home. These deliveries often occur at night, and when questioned, families claim the birth happened too quickly to reach a hospital. However, many of these cases are premeditated. Some women are influenced by past home birth experiences in their families, while others feel emboldened after witnessing similar cases within their circles," Dr Prathibha says.

A Right to Information (RTI) request filed by Kulathur Jaisingh revealed that between 2019 and September 2024, Kerala recorded 2,931 home deliveries, with Malappuram alone accounting for 1,244 births. In the same period, the state reported 18 neonatal deaths, four of which occurred in Malappuram. Advocate R Gopan, representing Dr Prathibha in court, argued that children have fundamental rights, including access to proper medical attention at birth. He pointed out a legal loophole that allows parents to escape accountability if complications arise from unsafe home deliveries. While birth certificates include "delivered at home" as an option, families exploit this provision to obtain official documentation without medical verification.

The petition highlights multiple past incidents of home births leading to severe complications and fatalities in Kerala. In February 2024, a mother and baby died during delivery in Nemom, Thiruvananthapuram. Another case in October 2024 in Thanaloor, Malappuram, saw a woman critically injured when the baby’s head emerged before she was rushed to a hospital. A Chalakudy, Thrissur case ended with the infant’s death and the mother requiring intensive care, while in October 2022, a mother and child in Chadayamangalam, Kollam, did not survive a home delivery, reports the Daily.

She further alleged the existence of illegal birthing facilities, where women from various parts of Kerala and beyond—including Kollam, Alappuzha, and Lakshadweep—stay for weeks to deliver their babies in Malappuram under unsupervised conditions. "Some of these centres have been shut down by authorities following local complaints. Additionally, organised groups coordinate home deliveries through secret WhatsApp chats or groups, frequently changing numbers to avoid detection. Some agents charge as little as ₹5,000 to facilitate home births, while others offer costlier packages lasting up to a month," she says.

With eight years of service, Dr Prathibha started her career as an assistant medical officer at a Public Health Centre in Tanur. As the number of home births rises, medical professionals like her face mounting pressure from the government to address the issue. "Each public health centre monitors expectant mothers through a team comprising a junior public health nurse, staff nurse, and ASHA workers, ensuring regular health updates. However, when home births go unreported, these records remain incomplete, leaving medical officers without answers." She believes that stricter legal measures are essential to address this concern. The High Court has scheduled the next hearing for March 17, awaiting a response from the state government on the matter.