According to the government, the current Tamil Nadu Public Health Act was enacted in 1939 and is now about 87 years old. The Health Minister says that in view of the changing health needs and new challenges, the state needs a modern law. The proposed law will include strict provisions regarding deliveries taking place outside medical institutions.
At present in India, birth of a child at home is not a crime in itself. Many families choose to have a home birth due to personal preference, tradition, or other circumstances. In such a situation, after the government's proposal, the question is also being raised as to under what circumstances the new rules will be applicable and what will be the scope of punishment. However, the full outline of the proposed law has not been revealed yet.
A recent case in Coimbatore district is also considered important behind the strictness of the government. In June, Sasikala, 32, of Punjai Thalaivipalayam near Uthukuli, gave birth to her second child at home. According to reports, she died in a private hospital four days after delivery.
State Health Minister K.G. Arunraj told in the Assembly that the government is going to bring a new Tamil Nadu Public Health Act soon. This will include a provision to make birth at home a punishable offence. But home delivery in itself is not a crime in the country. Many families even today choose to deliver at home due to their preference, tradition or other reasons. But the Tamil Nadu government says that during delivery outside medical institutions, there can be an increased risk to the life of the mother and the child, especially when a medical emergency suddenly arises.
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The government's focus at present is on safe delivery and providing immediate treatment during medical emergencies. However, only after the final law comes, it will be clear as to which people and under what circumstances legal action will be taken regarding home delivery.
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