Kerala HC: Upholding the traditional Indian role of the mother nurturing a child in its formative years, a division bench of the Kerala High Court noted that a female family member gets the prime of place to look after children. We have not reached the level of Scandinavian countries where you have same-sex marriage and everybody is equipped to rear children, said the HC.
No record
The Kerala HC in its ruling also considered the fact that the petitioner did not place on record any material to indicate that any female family member resided with him who may be capable of taking care of the child.
Justices Alexander Thomas and Sophy Thomas of Kerala High Court made this observation while responding to a habeas corpus plea moved by a Gujarat-based man for releasing his 4-year-old daughter, who he alleged was being illegally detained by his in-laws.
Child care
“Always there should be a woman at home. Either mother, sister-in-law, mother-in-law, grandmother, somebody should be at home to look after the children,” the bench opined.
“We have not reached the level of Scandinavian countries where you have same-sex marriage and everybody is equipped to rear children. Men, women and everyone looks after children and they divide their time and energy for that. In Indian scenario, when the children are very young, the most important thing is that a woman is at home,” the bench verbally remarked. It also went on to voice its concerns regarding the safety of the child.
Lurking dangers
“Irrespective of the gender of the child, it is very difficult for you to look after a child under the age of 10. You will be going to work and children can get exposed to so many dangerous things. Nowadays sexual violence is increasing even against young children, some children below the age of 2 years. It may not be a frequent occurrence but safety of the child is very importance. Especially if you are living in a faraway state in a remote town,” the bench said.
“Please don’t keep any hope, we can give you a judgment on merit. If you don’t agree with it, please challenge it. We do not know if the children will be proper and safe with you at this stage. You can come here from Gujarat and see your children and you can have weekly video calls with the child. Suppose you are using parents patriae jurisdiction, first and paramount is the welfare of the minor”, the Court said.
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