12 days on, mum still not united with kid who's with B'wood director

Dr Sanjay Kumavat and Dr Bharat Vatwani

The biological mother of a two-year-old boy, who is currently with his foster parent, a well-known Bollywood director, is yet to be reunited with her child.

mid-day had first reported the mother's plight on December 5. The woman, recovering from a mental illness, had demanded that she wanted her child back. However, his foster family has refused to give him up. It has been 12 days, and her plea has not been answered yet.

On Saturday, as per the Child Welfare Committee (CWC) directives, the biological mother attended the last session for the physical and mental health condition evaluation by a team of doctors from the department of Psychiatry and General Medicine at BYL Nair hospital.

The biological mother, who was admitted to Shraddha Rehabilitation Foundation, a home for the mentally ill, run by Dr Bharat Vatwani, a psychiatrist and 2018 Ramon Magsaysay winner, has expressed concern over the delay in uniting the infant with his biological mother.

"As per the CWC directive, the biological mother had been undergoing medical and psychiatric evaluation. For the last four days, she had been visiting BYL Nair Hospital, where she would be examined from 9 am to 2 pm, and then brought back to the centre. On Saturday, the hospital declared her 'physically fit' in the Medical Fitness Report. Her Psychiatric Fitness Report is awaited and hopefully, it should be handed over in a sealed envelope to the Borivli Railway Police, by Monday. The police will submit the report to CWC."

Describing the situation as "unfortunate" and "tragic," Dr Vatwani said that despite Section 21 (2) of the Mental Healthcare Act, 2017, stating that a child under the age of three years of a woman receiving care, treatment or rehabilitation at a mental health establishment, cannot be separated from her during her stay, unless the treating psychiatrists authorise it, the two-year-old was separated from his biological mother, before she was brought to his centre.

Farzana Ansari, social worker with Shraddha Rehabilitation Foundation, who has been involved in the case from day one, and has been escorting the biological mother to CWC and BYL Nair hospital, said, "The biological mother keeps asking whether the repeated series of tests is going to continue and if so, for how long? She wants her son back."

The Bombay Psychiatric Society (BPS) has also written to the CWC raising concerns over the delay. Dr Milan Balakrishnan, Secretary BPS said, "The Bombay Psychiatric Society has appealed to CWC to reunite the child with the biological mother at the earliest, to prevent further mental health difficulties the entire family could face as a result of this estrangement." He added, "The CWC has acknowledged our concern and said that the decision will be taken in the interest of the child."

Dr Sanjay Kumavat, senior consulting psychiatrist and former Deputy Director, Mental Health, Government of Maharashtra, said that he is contemplating to file a habeas corpus petition before the Bombay High Court. "I am already in consultation with my lawyers. We will demand stringent action against all the parties, including CWC members and even FSC officials, who have worked in connivance to support the foster parents and deliberately deprived the biological mother from getting her infant back."

21 (2)
Section of Mental Healthcare Act, 2017, that has been flouted

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