The bench of the Madhya Pradesh High Court has granted custody of a newborn baby to its minor mother, a rape survivor, under the guardianship of her parents.

In the ruling, Justice Avanindra Kumar Singh stated, "There is no doubt that the mother of the newborn is the best person to care for the baby. If she wishes to care for her child, it is in the best interest of both the mother and the newborn. Therefore, the custody of the baby is granted to the minor mother (prosecutrix) under the guardianship of her parents."

This decision follows a prior order on December 27, 2024, where the minor prosecutrix, who became pregnant due to rape, sought permission to terminate her pregnancy at 32 weeks and 6 days. The court had allowed the termination but directed that the State Government take responsibility for the child if born alive.

On January 1, 2025, a male child was born. Afterward, the prosecutrix submitted an interlocutory application requesting that the earlier order be modified to allow her and her parents to take custody of the child. Supported by affidavits from her parents, the application confirmed their commitment to providing proper care, nourishment, and breastfeeding for the newborn, which had previously been restricted due to the prior court order. The court was also assured of their cooperation in the ongoing investigation into the rape case.

The State Government, represented by Government Advocate L.A.S. Baghel, raised no objections and confirmed that the newborn, currently in the ICU, could be handed over to the mother under her parents' guardianship.

Highlighting the importance of the mother-child bond, the court directed immediate arrangements for the child to be breastfed, describing mother's milk as "like nectar (Amrit) for a newborn." Additionally, the court instructed the State Government to provide any necessary assistance to the prosecutrix and her parents and cover all medical expenses related to both the mother and child.