While Kerala witnesses heated debate over home births, Dr Prathibha K, a medical officer from Malappuram, has moved the High Court to seek proper guidelines and legal provisions, including penal consequences, to regulate home deliveries.
A Kozhikode couple recently filed a complaint with the Human Rights Commission after the city corporation had denied a birth certificate for their baby girl, citing a lack of proof. Ashna Jasmine, the complainant, has said that she delivered a baby girl at her rented residence in Kozhikode in November 2024.

Dr Prathibha’s petition is rooted in concerns about the rights of newborns, emphasising that every child deserves proper medical care and legal recognition at birth. Currently serving as a medical officer in Tanur, Malappuram, she has witnessed firsthand how the district— recording the highest number of home births in Kerala— has also seen a rise in neonatal complications. According to her, the reasons for opting for home deliveries vary; "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."

According to her petition, in the absence of proper medical assistance, complications can arise, endangering both the mother and child. Newborns face increased risks of survival issues, seizures, and nervous system disorders, while mothers are vulnerable to cardiac arrest, severe bleeding, 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.

She also notes that home births in Malappuram have been a long-standing practice, with families carefully concealing their plans. "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.

An RTI response obtained by Kulathur Jaisingh revealed that between 2019 and September 2024, Kerala recorded 2,931 home deliveries, with Malappuram alone accounting for 1,244 births. During this period, the state also recorded 18 neonatal deaths, with Malappuram leading at four. Advocate R Gopan, who represents Dr Prathibha in court, argues that children have fundamental rights, including access to medical care at birth. He highlights a legal loophole where, if a newborn suffers complications due to home delivery, authorities cannot hold parents accountable. Since birth certificates allow "delivered at home" as an option, families exploit this to secure official documentation without facing scrutiny.

The petition also cites multiple past incidents where home births resulted in severe complications or fatalities in Kerala. In February 2024, a mother and baby died during childbirth in Nemom, Thiruvananthapuram. In October 2024, a woman in Thanaloor, Malappuram, was critically injured when only the baby’s head had emerged before being rushed to a hospital. A similar case in Chalakudy, Thrissur, saw the newborn die, with the mother requiring intensive medical care. In October 2022, a mother and baby in Chadayamangalam, Kollam, lost their lives during a home delivery. Given these repeated tragedies, Dr Prathibha has approached the court under Article 226 of the Constitution, seeking judicial intervention.

She further alleges that some individuals operate illegal facilities where women from various parts of Kerala and outside—including Kollam, Alappuzha, and even Lakshadweep—stay for weeks to deliver their babies in Malappuram. "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.

Dr Prathibha, who has eight years of service, began her career as an assistant medical officer at a Public Health Centre in Tanur. As home birth cases continue to rise, medical officers like her are being held accountable by the government. "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 necessary to address this growing concern.

The court has posted the case for March 17, awaiting the state government's response.