Supreme court on Thursday gave a relief to 19-day old Manjhi who can not be separated from the custody of her grandmother Amiko Yamada.
The order was passed on a petition filed by Manjhi's grandmother Yukumi Yamada on Wednesday in SC to get the travel documents so that baby could be taken to her father's country of residence Japan.
As per the SC double bench order, the child can not be taken away from the custody of the grandmother .
Senior SC lawyer, Indira Jaisingh,who represented the baby’s grandmother Amiko told HT on phone that the notices would be issued to center and Jaipur based NGO ,Sataya which had challenged the authority of Manjhi’s grandmother to keep her in the custody.
The case will come up for hearing on Wednesday, SC lawyer said.
Indira Jaisingh had filed a petition on behalf of the family pleaded that grandmother and baby should be allowed to remain in unison and her grandmother' guardianship should be kept intact.
The petitioner’s lawyer also argued that there was an apprehension of police taking away the child hence suitable orders should be passed.
A jaipur based NGO SATYA recently filed a habeas corpus petition in the Rajasthan high court which issued the notices to the ministry of home affairs, government of India, DG police Rajasthan and SP jaipur city(east) to produce the baby in the court within four weeks and subsequently file the reply .
A division bench of the high court comprising of justice RC Gandhi and justice guman singh issued the notices to these authorities and directed them to explain about the ambiguity of surrogacy phenomenon in India.
The petitioner’s lawyer pleaded that due to lack of surrogacy law in India, neither Manjhi’s father Ikufumi Yamada nor grandmother Amiko could claim the custody of the child.
It was further stated that surrogate mother Pritiben Mehta had rented her womb in lieu of the financial gains and she did not have any relations with Japanese family.
Lawyer alleged that baby’s birth was a part of well organised child trafficking racket.
Indian as well as Japanese laws do not recognise the surrogacy hence child should not be handed over to father or grandmother, petitioner added.
The grandmother along with manjhi reached delhi on Wednesday and went straight to japanese embassy. she met the embassy officials and requested them to give the permission to take the baby to Japan.
Japanese embassy officials told her that they would consult their government in tokyo before taking any decision in this matter.